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<br />r' <br /> <br />tember 2~:,"', 1917. <br /> <br />8. The amount of water claimed is: 2 cubic feet <br />of water per second of time. <br /> <br />9. The water was first appl ied to the above benefi- <br />cial use on September 23, 1917 by action of the Colorado <br />Water Conservation Board under the provisions of C.R.S. <br />1973. 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 91, signed into law'l April 23, 1913. <br /> <br />11. Statements of opposition were timely filed by <br />the Colorado River Water Conservation District, the Middle <br />Park Water Conservancy District. and the United States of <br />America and as a result, on ___~Jf~~~~~ ~1_7JS______, <br />the appl ication was rereferred'}!iJ the water 'jUdge for Water <br />D i vis i on No.5. <br /> <br />12. The statements of opposition of the Colorado ~V.,.I'C,... <br />Water Conservation District and the Middle Park Water Conser- <br />vancy District were subsequently withdrawn and the statement <br />of opposition of the United States of America was withdrewn <br />by stipulation, the pertinent parts of which are included <br />in this rul ing of the referee. As a result, the appl ication <br />has again been referred to the water referee by the water <br />judge for Water Division No.5. <br /> <br />The referee does therefore conclude that the above-entitled <br />appl ication should be granted and that 2 cubic feet of water <br />per second of time are hereby awarded for the purpose of <br />maintaining a minimum stream flow as required to preserve <br />the natural environment to a reasonable degree on Gore Creek <br />between the beginning and end points as described in para- <br />graph 5 above, with an appropriation date of September 23, <br />[917, absolutely and unconditionally; subject. however, to <br />the following stipulated agreement: <br /> <br />a. Appl icant'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 />will hereafter be determined by law. <br /> <br />b. Applicant shall apply for any special use permits <br />or rightS-Of-way, as the case may be, if the same are required <br />by law for the use of publ ic resources contemplated by the <br />subject application and shall abide by the conditions set <br />forth therein; and subject to all earl ier priority rights <br />of others and to the integration and tabulation by the divi- <br />sion engineer of such priorities and changes of rights in <br />accordance with law; and provided further that the appl icant <br />herein will construct and maintain at its expense a suitable <br />measuring device or guaging station as approved by the state <br />engineer or his representative for the purpose of administer- <br />ing this water right in priority as required by law. <br /> <br />It is accordingly ORDERED that this rul ing shall be <br />filed with the water clerk and shall become effective upon <br />Such fil ing, subject to judicial reviewVto C.R.S. 1913, <br />37-92-304. Putt'Ul4tJ r <br /> <br />It is fur:ther ORDERED that a copy of this ruling shall <br />be filed with the appropriate division engineer and the <br />state engineer. <br /> <br />-2- <br />