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<br />/ <br /> <br /><' <br />, <br /> <br />5. Description of beginning and end points of mini- <br />mum stream flow claimed: the natural stream channel from <br />headwaters in the vicinity of lat 39 deg 42'2511 N, long 106 <br />deg 11'41'1 W as the upstream terminus and confluence with <br />the Blue River in see 4, T4S R78W of the 6th PM as the down- <br />stream terminus. <br /> <br />b. 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 Janu- <br />ary 19, 1911. <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubic feet <br /> <br />9. The water was fi rst appl ied to the above benefi- <br />cial use on January 19, 1977 by action of the Colorado Water <br />Conservation Board under the provisions of C.R.S. 1973, <br />37-92-102(3), 37-9<-103(3). (4) and (10). <br /> <br />10. This appropriation is made under the provisions <br />of C.R.5. 1973. 37-92-102(3). 3T-92-ID3(3), (4) and (10). <br />known as Senate bill 97, signed into law, April 23, 1973. <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 ____~~~~__~_~~-~p~~-----, <br />the appl ication was rereferred~ the water judge for Water <br />o i vis i on No.5. <br /> <br />12. The statements of opposition of the Colorado ~aI.iL <br />Water Conservation District and the Middle Park Water Conser- <br />vancy District were subsequently withdrawn and the stdtement <br />of opposition of the United States of America was withdrawn <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 /> <br />appl icatl,on should be granted and that 1 cubic feet of water <br /> <br />per second of time are hereby awarded for the purpose of <br /> <br />maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a reasonable degree on Pebble <br /> <br />Creek between the beginning and end points as described in <br /> <br />paragraph 5 above, with an appropriation date of January <br /> <br />19, 1971, absolutely and unconditionallyi subject, however, <br /> <br />to the following 5tipulated agreement: <br /> <br />a. Appl icant's rights are subject to all senior <br />rights of the United States of Ameri,ca in the subject source, <br />including properly decreed reserved rights, as are now or <br />will hereafter, be determined by law. <br /> <br />-2- <br /> <br />....-. - <br />