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<br />5. Description of beginning and end points of mini- <br />mUir, ~'(.r,=am rlow c'lalmed: the natural stream channel from <br />headwaters in sec. 34, T6S R80W, 6th PM as the upstream <br />terminus and confluence Eagle River in sec, 4 T1S R80W, 6th <br />PM 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. <br />12, 197 B. <br /> <br />The date of initiation of appropriation is May <br /> <br />8. The amount of water claimed is: <br />of water per second of time. <br /> <br />1 cubic foot <br /> <br />9. The water was fj rst appl ied to the above benefi- <br />cial use on Nay 12, 1918 oy action of the Colorado \~ater Con- <br />servation Board under the provisions of C.R.S. 1973, <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)0 (4) and (10). <br />known as Senate bill 97, signed into law, April 23, 1913. <br /> <br />11. Statements of opposition were timely filed <br />tne Colorado Riv~r Water Conservation District and the <br />St~e~s~f Americajand as a result, on ~E.E'.....za:~~~ <br />..L!?-7..L::L___________, the appl i cati on was rereferred,Ai <br />water judge for Water Division No.5. <br /> <br />12. The statementl of opposition of the Colorado ~tlE~ <br />wat~r Conservation District wa?$ subsequently withdrawn and <br />the statement of opposition of the United States of America <br />was withdrawn by stipulation, the pertinent parts of which <br />are included in this ruling of the referee. As a result, <br />the appl ication has again been referred to the water referee <br />Dy the water judge for Water Division No.5. <br /> <br />by <br />United <br />Ze!/, <br />the <br /> <br />The referee does therefore conclude that the above-entitled <br /> <br />appl ication should be granted and that 1 cubic f.ot of water <br />IS <br />rer second of time ~ hereby awarded for the purpose of <br /> <br />maintaining a minimum stream flow as required to preserve <br /> <br />the natural environment to a redsonable degree on ;"IcAllister <br /> <br />GulCh between the beginning and end points as described in <br /> <br />paragraph 5 above, with an appropriation date of May 12, <br /> <br />197a, absolutely and unconditionallyi subject, however, to <br /> <br />the following stipulated agreement: <br /> <br />a. Applicant's rights are subject to all senior <br />rights of the United States of America in the subject source, <br />jncludin~ 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 sa~e are required <br />by 1 aw for the use of publ ic resources cOl"tem.pl~i:A;'l by the <br /> <br />-2- <br />