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<br />~60CW1l4 <br /> <br />11. On July 16, 1980, [\ Statement of Opposition v:as filed by <br />the United States of America. <br /> <br />12. On September 9, 1960, the Statement of Opposition of the , <br />United states of America was effectively withdrawn as a result of <br />Stioulation between the parties involved, the 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 8.0 cubic feet of water per <br /> <br />second of time are hereby awurded for the purpose of maintaining a <br /> <br />minimum stream flow as required to preserve the natural environment to <br /> <br />a reasonable degree on Yule Creek, between the beginning and end points <br /> <br />CIS described in paragruph 5 flbovc, with appropriation date of the 17th <br /> <br />day of March, 1980, absolutely und unconditionally; subject, however, <br /> <br />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 source, including properly decreed <br />reserved rights, as are now or will hereafter be determined by law. <br /> <br />b. Applicant shall apply for any special use permits or rights-of- <br />way, as the case may be, if the same are required by law for the use of <br />public resources contemplated by tho subject application and shall <br />abide by the conditi.ons set forth therein; <br /> <br />and SUbject to all earlier priority rights of others and to the <br /> <br />integration and tilbul.J.t.ion by the Division Engineer of such priorities <br /> <br />llnd cllClngl15 of rights in ilcconl:lI1cc with law; Dnd provided further that <br /> <br />the applicant herein will construct and maintain at its expense a <br /> <br />suitilblc measuring device.:: or 9l..1uging station as approved by the State <br /> <br />Bngineer or his representative for the purpose of administering this <br /> <br />water right in priority as required by law. <br />1~ is ~lccorJiJlyly OI~DER~D that this ruling shall be filed with <br /> <br />the ~later 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 th~t a copy of this ruling shall be filed <br /> <br />with the appropriate Division Engineer nnd the State Engineer. <br /> <br /> <br />Done at the City of Glenwood Springs, Colorado, this /1 ~ <br /> <br />cloy of I%-NtJ,(J!t?, <br /> <br />, J 981. <br /> <br />ilY TilE REFEREE: <br /> <br />. ilJ,lh~~.'0[;;i <br />.., J, <br />:.- ,,/~ .' <br />'\' '.". . <br /> <br />C[}:;;; ~ ~ <br />Water Division N . 5 <br />St<Jtc of Colora <br /> <br />. I <br />-2- I <br />I <br />I <br /> <br />RECilVto <br />MAR 2 71981 <br />*TlIr RESOURCQ <br />IrAn Ef'it?INWt <br />","0 <br /> <br />c::::r . <br />