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<br />79CW166 <br /> <br />8. The amount of water claimed is: 1.0 cubic foot of water <br />per second of time during the summer montns. <br /> <br />9. The ~ater was first applied to the above beneficial use <br />on May 18, 1979, by action of the ColoradD Water Conservation Board <br />under the provisions of C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) <br />and (10). <br /> <br />10. This appropriation is made unde~ the provisions of C.R.S. <br />1973, 37-92-102(3), 37-92-103(3), (4) and (10), known as Senate Bill <br />97, signed into law April 23, 1973. <br /> <br />11. A statement of opposition was timely filed by the United <br />States of America, and as a result, on October 31, 1979, the <br />application was re-referred by the Water Referee to the Water Judge <br />for Water Division No.5. <br /> <br />12. On October 16, 1979, the statem~nt of oPposition of the <br />United States of America was effectively ~ithdrawn as a result of <br />stipulation between the parties involved, the pertinent parts of <br />which are included in this Ruling of Referee. As a result, the <br />application has been again 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 />application should be granted and that 1.0 cubic foot of water per <br /> <br />,second of time during the summer months is hereby awarded for the <br /> <br />purpose of maintaining a minurnurn stream flpw as required to preserve <br /> <br />the natural environment to a reasonable de9ree on Steelman Creek <br /> <br />between the beginning and end points as de~cribed in paragraph 5 <br /> <br />above. with appropriation date of the 18th day of May, 1979, absolutely <br /> <br />and unconditionally; subject however, to tbe fOllowing stipulated <br /> <br />agreement; <br /> <br />a. Applicant's rights are subject to all senior rights of <br />the United States of America in the subject source, <br />including properly decreed reserved rights, as are now <br />or will hereafter be determined bY law. <br />b. Applic~nt shall apply for any special use permits or <br />rights-of-way, as the case may be, if the same are required <br />by law for the use of public resources 'contemplated by the <br />subject application and shall abide by the conditions <br />set forth therein; <br /> <br />and subject to all earlier priority rights of others and to the <br /> <br />integration and tabulation by the Division ~ngineer of such priorities <br /> <br />and changes of rights in accordance with la~; and provided further <br /> <br />that the applicant herein will construct and maintain at its expense <br /> <br />a suitable measuring device or gauging station as approved by the <br />State Engineer or his representative for the purpose of administering <br />this water right in priority as required by law. <br /> <br />-2- <br />