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<br />80CW1l6 <br /> <br />11. On July 16, 1980, a Statement of Opposition was filed by <br />the United States of .Ame.r.ica_~, <br /> <br />12. On September 9, 1980, the Statement of Opposition of the <br />united states of America was effectively withdrawn as a result of <br />stipulation between the parties involved, th~ pertinent parts of which <br />are included in this Ruling of Referee. <br /> <br />The Referee does therefore conclude that the above entitled <br /> <br />application should be granted and that 6.0 C4bic feet of water per <br />second of time are hereby awarded for the purpose of maintaining <br /> <br />a minimum stream flow as required to preserv~ the natural environment <br /> <br />to a reasonable degree on Gypsum Creek, betw~en the beginning and end <br /> <br />points as described in paragraph 5 above, with appropriation date of <br />the 17th day of Narch, 1980, absolutely and ~nconditionally; subject, <br />however, to the following stipulated agreement; <br /> <br />a. Applicant's rights are subject to all senior rights of the <br />United States of America in the subject sourQe, including properly decreed <br />reserved rights, as are now or will hereafte~ be determined by law. <br /> <br />b. Applicant shall apply for any speciql use permits or rights-of- <br />way, as the case may be, if the same are reqQired by law for the use ,:of <br />public resources contemplated by the subject application and shall <br />abide by the conditions set forth therein; <br /> <br />and subject to all earlier priority rights of: others and to the <br /> <br />integration and tabulation by the Division Engineer of such priorities <br /> <br /> <br />and changes of rights in accordance with law; and provided further that <br /> <br />the applicant herein will construct and maintain at its expense a <br /> <br />suitable measuring device or gauging station as approved by the. State <br /> <br />Engineer or his representative for the purpo~e of administering this <br />water right in priority as required by law. <br />Itlis accordingly ORDERED that this rultng shall be filed with <br />the water Clerk and shall become effective upon such filing, subject <br /> <br />to Judicial review pursuant to Section 37-92~304 CRS 1973. <br /> <br />It is further ORDERED that a copy of thts ruling shall be filed <br /> <br />with the appropriate Division Engineer and the State Engineer. <br /> <br /> <br />Done at the City of Glenwood springs, COlorado, this II ~ <br /> <br />day of rE&PUAIt'( <br /> <br />, 1981. <br /> <br />BY TilE REFEREE: <br /> <br />~~e <br /> <br />~:~iviSion No. 5 <br />State of Colorado <br /> <br />-2- <br />