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<br />5. Desc,r iption of beginning and end points of mini- <br />mUIll stream flo...... claimed: the natural stream channel from <br />head......aters at Tuhare lake at lat 39 deg 27'0011 N,long 106 <br />deg 26'29'1 W as the upstream terminus and confluence with <br />the Eagle River at lat 39 deg 3113711 N, long 106 deg 23'2811 <br />~ as the downstream terminus. <br /> <br />f,. The Us.e of the ......ater is to appropriate such mini- <br />mum strea~ flows as are required to preserve the natural <br />environment to a reasondble degree. <br /> <br />7. <br />12, 1978. <br /> <br />The date of initiation of appropriation is May <br /> <br />8. Th~ amount of water claimed is: <br />of water per second of time. <br /> <br />S cubic feet <br /> <br />9. The water wdS fi rSot nppl ied to the above benefi- <br />cial use on May 12, 1~7a by action of the Colorado rlater Con- <br />servation Board under the provisions of C.R.S. 1973, <br />37-92-102(3).37-92-103(3). (4) and (10). <br /> <br />10. This appropriation is made under the provisions <br />of C.R.S. 1973. 37-92-102(3). 37-92-103(3). (4) and (10). <br />known as Senate bill 97, signed into law, April 23, 1973. <br /> <br />11. Statements of opposition were timely filed by <br />the Colora~o River Water Conservation District and the United <br />States of America and as a result, on ~-4'~r~i9E'Jt!...Z8, <br />___L1_24________, the appl ication ......as rereferred7b the <br />water judge for Wdter Division No.5. <br /> <br />12.. The statementl of opposition of the Colorado t',tJ61'C <br />Water Conservation District w~~ subsequently withdrawn and <br />the statement of opposition of the United States of America <br />was wittldrawn by stipulation, the pertinent parts of which <br />are included in this rul ing of the referee. AS a result, <br />tile appl ication has again been referred to the water referee <br />by the water judge for water Division No.5. <br /> <br />The referee does therefore conclude that the above-e~titled <br /> <br />appl ication Should be granted and that 5 cubic feet of water <br /> <br />per second of time are hereby a~arded for the purpose of <br /> <br />nlaintaining d minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Fall Creek <br /> <br />between the beginning. and end points as described in para- <br /> <br />graph 5 above, with an appropriation date of Hay 12, 1978, <br /> <br />absolutely and unconditionally: subject, however, to the fo1- <br /> <br />lowing stipulated agreement: <br /> <br />a. Applicant's rights are subject to all senior <br />rights of the United States of America in the subject source, <br />including properly decreed reserved rights, as are now or <br />wi 11 hereafter be determined by law. <br /> <br />b. Appl icant shall apply for any special use permits <br />or rights-of-way, as the case nldy be. if the same are required <br /> <br />-2- <br />