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5. 'Oes-cription of beginning u",-, ~"U f.iv",':';; ui llllni- mum stream flo.... claimed: the natural stream channel from headwaters in vicinity of lat 39 deg 26'03" N, long 106 deg 271170 W as the upstrearn terminus and confluence with Homestake Creek at lat 39 deg 25'251' N, long lOb deg 24'52'1 W as the downstreanl terminus. b. The use of the water is to appropriate such minj- 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. 1 cubic feot 9. The water was fjrst appl ied to the above benefi- cial use on ."lay 12, 1978 by action of the Colorado ~ater Con- servation Board under the provisions of C.R.S. 1973, 37-92-102(3}, 37-n-103(3}, (4) and (101. 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 bill 97, signed into law, April 23, 1973. 11. Statements of opposition were timely filed by the Colorado Kiver Water Conservation District and the United States of America and as a result, on .::iEP..z1!r.Al.J!!JtE1t: ~~ __./_1..1_4-__________, the appl ication was rereferred Ti> the water jud~e for ~ater Division No.5. 12. The statements of opposition of the Colorado ~,U6,c. Water Conservation District were subsequently withdrawn and the statement of opposition of the United States of America was withdrawn by stipulation, the pertinent parts of which ar8 included in this rul ing of the referee. As a result, the appl ication has ayain been referred to the water referee by the water judge for Water Division No.5. The ~eferee does therefore conclude that the above-entitled appl j cat i on shaul d be granted and that 1 cubic foot of water I:> ... hereby awarded for the purpose of per second of time maintainins a minimum stream flow as required to preserve the natural environment to a reasonable degree on Whitney Cre~k between the beginning and end points as described in paragraph 5 above, with an appropriation date of May 12, 1978, 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 reserved rights, as are now or will hereafter be determined by law. b. Appl icant shall apply for any special use permits ~)~ts-of-wdy,'as the case may be, if the same are required -2-