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<br />, <br /> <br />,. The date of initiation of appropriation is Sep- <br />tember 23, 1917. <br /> <br />8. The amount of water claimed is: 4 cubic feet <br />of water per second of time. <br /> <br />9. The water was first appl ied to the above benefi- <br />cial use on September 23, 1917 by action of the Colorado <br />Water Conservation Board under the provisions of C.R.S. <br />1973. 31-92-102(3), 31-92-103(3), (4) and (101. <br /> <br />10. This appropriation is made under the provisions <br />of C.R.S. 1913. 31-92-102(3), 31-92-103(3)0 (41 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 _~~~~iV__~G'~_~t~~___, <br />the app1 icatian was rereferred'T. the water judge for Water <br />Division No.5. <br /> <br />12. The statements of opposition of the Colorado ~II.C. <br />Water Conservation District and the Middle Park Water Conser- <br />vancy District were subsequently withdrawn and the statement <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of opposition of the United States of America was withdrawn 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 />appl ication Should be granted and that 4 cubic feet of water <br />per second of time are hereby awarded for the purpose of <br />maintaining a minimum stream flow as required to preserve <br />the natural environment to a reasonable degree on High Rock <br />Creek between the beginning and end points as described in <br />paragraph 5 above, with an appropriation date of September <br />23, lQ11, absolutely and unconditionally; subject, however, <br />to the following stipulated agreement: <br /> <br />a. Applicant1s rights are subject to all senior <br />rights of the United States of America in the subject source, <br />including properly decreed reserved rights.. as are now or <br />will hereafter be determined by law. <br /> <br />b. Appl icant shall appl y for any special use permi ts <br />or rightS-Of-way, as the case may be, if the same are required <br />by law for the use of publ ic resources contemplated by the <br />subject application and shall aoide by the conditions set <br />forth therein; and subject to all earl ier priority rights <br />of others and to the integration and tabulation by the divi- <br />sion engineer of such priorities and changes of rights in <br />accordance with law; and provided further that the appl icant <br />herein will construct and maintain at its expense a suitable <br />measuring device or guaging station as approved by the state <br />engineer or his representative for the purpose of administer- <br />ing this water right in priority as required by law. <br /> <br />It is accordingly ORDERED that this ruling shall be <br />filed with the water clerk and shall become effective upon <br />such fil ing. subject to judicial reviewVto C.R.S. 1913, <br />31-92-304. fJ-II.StN,U'{" <br /> <br />It is further ORDERED that a copy of this rul ing shall <br />be filed with the appropriate division engineer and the <br /> <br />-2- <br />