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<br />r <br /> <br />';'~:':-:~:'-:-0~ <br /> <br />9. The amount of water claimed 1s 3.0 cubic feet of water per second <br />of time" during the period from April 1 to September 30; and 1.5' <br />cubic feet of water per second of tlms during the period from <br />October 1 to March 31. <br /> <br />10. This appropriation to maintain minimum stream flow is made under <br />the provisions of Section 148-21-) (6), (7), and (10) ,as amended <br />by Senate B~ll 97, signed into law April 23, 1973. <br /> <br />11. On September 28, 1973, the Colorado River Water Conservation District <br />filed, in Water Court for Water Division No.5, a Statement of <br />Opposition to this application in which it is stated: The Colorado <br />River Conservation District has no objection to the granting of the <br />application for water rights on the condition, however, that as a <br />part of the Ruling of the Referee and the Decree of the Water' Court <br />a Finding is made and an Order entered that the Congress of the <br />United States of America in authorizing the construction of the. <br />Fryingpan-Arkansas Project (76 Stat. 389) specifically directed the <br />operation of the project in accordance with certain Operating <br />Principles appearing as House Document No. 130, 87th congo 1st <br />Sess., and that the Ruling and Decree are not intended to be, nor <br />shall it be ,construed as, an amendment, variation, abrogation or <br />construction of such Operating Principles. . <br /> <br />The Referee does therefore conclude that the above-entitled application <br /> <br />should he granted, and that 3.0 cubic feet of water per second of time during the <br /> <br />period from April 1 to September 30, and 1.5 cubic feet of water per second of <br /> <br />time during the period from October 1 to March 31 is hereby awarded to Chapman <br /> <br />Gulch from a point immediately below the collection system of the Fryingpan- <br /> <br />Arkansas Project to the point of confluence with the Fryingpan River, for the <br /> <br />purpose of maintaining such minimum flows in the stream hed as are required to <br /> <br />preserve the natural environment to a reasonable .degree, with appropriation date <br /> <br />of the 12th day of July, 1973, absolutely and unconditionally; subject, however, <br /> <br />to all earlier priority rights of others in accordance with law, and also subject <br /> <br />to ~he Operating Principles of the Fryingpan-Arkansas_ Project. <br /> <br />It is accordingly ORDERED that this ruling shall be "filed with the Water <br /> <br />Clerk and shall become effective upon such filing, subject to jUdicial review <br /> <br />pursuant to Section 148-21-20 CRS 1963 as amended (1971). <br /> <br />It is further ORDERED that a copy of this ruling shall be filed with <br /> <br />the appropriate Division Engineer and the State Engineer. <br /> <br />Done at the City of Glenwood Springs, colorado, this I '1/:!1 <br /> <br />day of AitJ II 13 /l/,/'?F IZ_ <br /> <br />, 1973. <br /> <br />lio prote5t was filed 1n this ~8ttor. <br />The foregoing ruli:J.c; is conflrced" <br />and approved, and 1s made the <br />Judgment and Decree ot this court. <br /> <br />BY THE REFEREE: <br /> <br />Dat.dlliJ:_.~~ <br /> <br />c;/ \~, uug <br /> <br /> <br />5 <br />