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5., .R_~,.sJ~.ription of beginninC) and enrl f)nints of mini- mum stream flow claimed: the natural stream channel from headwaters in vicinity of lat 39 deg 23'03" N, long 106 deg 23'24" W as the upstream terminus and confluence South Fork Eagle Riv,=r in sec 34, T7S R80W, 6th pM as the downstream terminus. 6. The use of the water is to appropriate such mini- mum stream flows as are required to preserve the natural environment to a reasonable degree. 7. The date of initiation of appropriation is May 12, 1978. 8. The amount of water claimed is: of water per second of time. 2 cubic feet 9. The water was fi rst appl ied to the above benefi- cial use on ....,ay 12, 1978 by action of the Colorado Water Con- servation Board under the provisions of C.R.S. 1973, 37-92-102(3). 37-92-l03(3). (4) .rld (10). 10. This appropriation is made under the provisions of C.R.S. 1973, 37-92-102(3).37-92-103(3). (4) and (10). known as Senate bi 11 97, signed into law, April 23, 1973.. 11. Statements of opposition ....ere timely filed by the Colorado Riv~r water Conservation District and the United States of America and as a result, on _~e'r~.!I~~ Z8/ _L'72d___________, the appl ication was rereferred'1itJ the water jud~e for :,.,rater Oi",i sian No.5. 12. The statementl of opposition of the coloradotrVEIt,. Water Conservation District w'tS subsequently withdrawn and the statement of opposition of the United States of America was withdrawn by stipulation, the pertinent parts of which are incluJed in this rul ing of the referee. As a result, the appl ication has again been referred to the ....ater referee by the water judge for water Division No.5. The referee does therefore concludp. that the above-entitled appl ication Should be granted and that 2 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 Bennett GulCh between the beginning and end points as described in paragraph 5 aDove, with an appropriation date of May 12, 1978, absolutely and unconditionallyj subject, however, to the following sti~ulated agreement: a. Applicant'S rights are subject to all senior rigtlts of the United Stdtes of America in the subject Source, including properly decreed reserved rights, as are now or will hereafter be determined by law. b. Appl icant shall apply for any special use permits or ri9hts-of-way~ as the case may be, if the same are required -2-