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5. DescriDtion of t)Aginning an~ ~n~ ooints of mini- mum S!.l'~aJn r lOw claimed: the natural stream channel from headwaters in vicinity of lat 39 deg 27'5911 N, long 106 deg 261l5t1 W as the upstream terminus and confluence Cross Creek at lat 39 deg 29'5411 N, long lOb deg 28'4311 W as the down- stream terminus. 6. mum stream en....ironment The use of the water is flows as are required to to a reasonable degree. to appropriate such preserve the natural rnini- 7. 12, 1978. The date of initiation of appropriation is May 8. The amount of water claimed is: of wdter per second of time. 4 cubic feet 9. The water was fi rst appl ied to the above benefi- cial use on .'1ay 12, 1978 by action of the Colorado Water Con- servation Board under the pro....isions of C.R.S. 1973, 37-92-102(3). 37-92-103(3), (4) and (10). 10. This appropriation is made under the pro....isions of C.R.S. 1913, 37-92-102(3), 37-92-103(3), (4) and (10), known as Senate bill 97, signed into law, April 23, 1973. 11. Statements of opposition were timely filed by the Colorado River Water Conservation District and the United States of America and as a result, on ~~Z-~~A! ~~ -~9~~-----------' the appl;cat;on was rereferred ~ th~ water Judge for Water 0lvl510n No. S. l2. The statement; of opposition of the Colorado~tlEIt. Water Conservation District w~S SUbsequently withdrawn and the statement of opposition of the United States of America was withdrawn by stipulation, the pertinent parts of which are included in this rul ing of the referee. As a result, the appl ication has dCjain been referred to the water referee by the water judge for ~ater Division No.5. The referee does therefore conclude that the above-entitled appl ication should be granted and that 4 cubic feet of water per second of time are hereby awarded for the purpose of maintaining a minimum stream flow as required to preserve the natural environment to a reasonable degree on East Cross Creek between the beginning and end points as described in paragraph 5 above, with an appropriation date of May 12, 1916, absolutely and unconditionally; subject, however, to the following stipulated agreement: a. Applicant's rights are subject to all senior rights of the United States of America in the subject source, including properly decreed reser....ed rights, as are now or will hereafter be determined by law. _. Applicant shall apply for any special use permits or riShts-of-way, as the case may be, if the same are required -2-