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<br />80CW321. <br /> <br />7. The date of initiation of appropriation is May 71 1980. <br /> <br />8. The amount of water claimed is: 9.0 cubic feet of water <br />per second of time from May 1 through September 30/ and 5.0 cubic <br />feet of water per second of time from Oct.ober 1 through April 30. <br /> <br />9. The wuter was first npplied to the above beneficial use <br />on May 7 J 1980, by action of the Culorado vlater Conservation Board <br />under the provisions of C.R.S, 197.1, 37-92-102(3), 37-92-103(3), <br />(4), on,] (10). <br /> <br />10. 'I'his appropriation is made under the provisions of C.R.S. <br />1973, 37-92-102 (3), 37-92-103 (3), (4) and (10), known as Senate <br />Bill 97, signed into law ^pt"il 23, 1973. <br /> <br />11. ^ Stntement of Opposition was timely filed by the Silt <br />Water ConSerV;lJlcy District: c:ll1d uS a result, on November 28, 1980, <br />Lhe ,lpplicution was re-referred by the Wuter Referee to the Water <br />Judqc for Water. Division No.5. <br /> <br />12. The f~tntement of Opposition of the Silt Water Conservancy <br />District was SUbsequently withdrawn, and on August 7, 1981, the <br />appU.c<1tion W<1S ,lqain r.eferrc{l to the Water Rp.feree -by the Water <br />,JuLl'll": ror v.Jatcr Uivision No. :J. <br /> <br />'rho Hcfcrc~e docs t'hcrefore conclude thilt thp. above enti tled <br /> <br />appl:icution shnllJd be qranted and that 9.0 cubic feet of tolater per <br /> <br />seconcl of time from May 1 throu9h September 30, and 5.0 cubic feet <br /> <br />of wa ter pl2r second of time fr-orn October .1 through April 30 are <br /> <br />hereby awarded' for the purpose of maintaining a minimum stream flow <br /> <br />as required to preserve the natural environment to a reasonable <br /> <br />degree on Rifle Creek bet~ecn the beginning and end points as <br /> <br />described in p<Jraejraph 5 ilhove, with appropriation date of the <br /> <br />7th day of May, 1980, absolutely ,mel unconditionally; subject, <br /> <br />however, to all earlier priority rights of others and to the <br /> <br />integration and tabulation by the Division Engineer of such priorities <br /> <br />and changes of rights in accordance with law! and provided further <br /> <br />that the applicant herein will construct and maintain at its expense <br /> <br />a suitable measuring device or gauging station as approved by the <br /> <br />State Engineer or his representative for the purpose of administering <br /> <br />this water right ill priority as required by law. <br />It is accordingly On.OERl:;;O thi1t this rUling shall be filed with <br /> <br />the Water Clerk and shall become effective upon such filing! subject <br /> <br /> <br />to J~dicial review pJrsuant to Section 37-92-304 C.~.S. 1973. <br /> <br />-2- <br />