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<br />5. Descripti~r of beginning and e~d points of mini- <br />mum stream flow claimed: the natural stream channel from <br />headwaters in vicinity of lat 40 deg 10'36" N, long 106 deg <br />06t44"W as the upstream terminus and confluence North Fork <br />Cabin Creek at lat 40 deg 11'31"N, long 106 deg 04'31'1 W <br />as the downstream terminus.. <br /> <br />6. The use of the water is to appropriate such mini- <br />mum stream flows as are required to preserve the natural <br />environment to a reasonable degree. <br /> <br />7. The date of initiation of appropriation is May <br />12. 1978. <br /> <br />8. "The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubic f9Gt <br /> <br />9. The water was fi rst appl ied to the above benef.i- <br />cial use on May 12, 1978 by action of the Colorado Water Con- <br />servation Board under the provisions of C.R.S. 1913, <br />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, April 23, 1973. <br /> <br />ll. Statements of opposition were timely filed by <br />the Colorado River Water Conservation District, the Middle <br />Park ~ater Conservancy Oi5trict and the United States of <br />Amcr;ca and as a result. on::sEP.I4"'~A!:._L8;_t.9j..A-______. <br />the application was rereferred~ the water judge for Water <br />Divi sion No.5. <br /> <br />12. The statements of opposition of the Colorado If',IJ4It. <br />Water Conservation District, and the Middle Park Water Con- <br />servancy District were subsequently withdrawn and the state- <br />nlent of opposition of the United States of America was with- <br />drawn by stipulation, the pertinent parts of which are included <br />in this ruling of the referee. As a result, the application <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 /> <br />appl icatian Should <br /> <br />be granted <br />IS <br />..... hereby <br /> <br />and that 1 cubic f..t of water <br /> <br />per second of time <br /> <br />awarded for the purpose of <br /> <br />maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment ta a reasonable degree on Cabin <br /> <br />Creek between the beginning and end points as described in <br /> <br />paragraph 5 above, with an appropriation date of May 12, <br /> <br />1976, absolutely and unconditionallyi subject, however, to <br /> <br />the follo~ing stipulated agreement: <br /> <br />d. Applicant's rights are subject to all senior <br />rights of the Unit~d States of America in the subject source, <br />including properly decreed reserved rights, as are now or <br />wi 11 hereafter be determined by law. <br /> <br />-2- <br />