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<br /> <br />9. Tha amount of water claimed is 6.0 cubic feet per second of time <br />during the period from April 1 to September 30; and 3.9 cubic feet <br />per second of time during the period from October 1 to March 31. <br /> <br />10. This appropriation to maintain minimum stream flow is made under <br />the provisions of Section 148-21-3(6), (7), and (10) as amended by <br />Senate Bill 97, signed into law April 23, 1973. <br /> <br />O:,":f:" <br /> <br />11. On September 28, 1973, the Colorado River Water Conservation District <br />filed, in Water Court for'Water Division No.5, a Statement. of <br />Opposition to this .application in which it is stated: The Colorado <br />River Conservation District has no objection to the granting of the <br />application for water rights on the condition, however, that as.- a <br />part of the Ruling of the Re~eree and the Decree of the Water Court <br />. a Finding is made and an Order entered that the Congress of the <br />United States of America in authorizing the construction of the <br />Frying Pan-Arkansas Project (76 Stat. 389) specifically directed <br />the operation of the project in accordance with certain Operating <br />Principles appearing as House Document No. 130, 87th Congo 1st <br />Sess., and that the Ruling and Decree are not intended to be, nor <br />shall it be construed as, an amendment, variation, abrogation or <br />construction of such Operating Principles. <br /> <br />The Referee does therefore conclude that the above-entitled application <br /> <br />should be granted, and that 6.0 cubic feet of water per second of time during <br /> <br />the period from April 1 to September 30; and 3.0 cubic feet of water per 'second <br /> <br />of time during the period from October 1 to March 31, is hereby awarded to the <br /> <br />South Fork of the Frying Pan River from a point immediately below the collection <br /> <br />system of the Frying Pan-Arkansas Project to the point of confluence of the <br /> <br />South Fork of the Frying Pan with the Frying Pan River, for the purpose of <br /> <br />maintaining such minimum flows in the stream bed as are required to preserve the <br /> <br />natural environment to a reasonable degree, with appropriation date o~ the 12th <br /> <br />day of July, 1973, absolutely and unconditionally; subject, however, to all <br /> <br />earlier priority rights of others in accordance with law, and also subject to <br /> <br />the Operating Principles of the Frying Pan-Arkansas Project. <br /> <br />It is accordingly ORDERED that this ruling shall be filed with the Water <br /> <br />Clerk and shall become effective upon such filing, subject to judicial review <br /> <br />pursuant to Section 148-21-20 CRS 1963 as amended (1971). <br /> <br />It is further ORDERED that a copy of this ruling shall he filed with <br /> <br />the appropriate Division Engineer and the State Engineer. <br /> <br />Done at the City of Glenwood Springs, Colorado, this /9 /I-l <br /> <br />day of AJIHlel"~n- <br /> <br />1973. <br /> <br />Il'o prote:::t t'JBS filed in tr..:::: cat tor. <br />The foregoing rulln~ is conflrced <br />and approved, end is made the <br />Judgment and Decree of this oourt. <br /> <br />Dated~?Ir .. W If1'1 <br />r .. ~ <br />. tltl.t'er YI;C;e <br /> <br />BY THE REFEREE: <br /> <br />~".. d4-. <br />er Referee <br />Water Division No. 5 <br />State of Colorado <br />