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<br />5= Desc.r..iption of beginning .::nd end p-o-ints of mini- <br />mum stream fl ow c 1 aimed: the natural stream channel from <br />headwaters in vicinity of lat 40 deg 22'10" N, long 106 deg <br />00'541' W as the upstream terminus and confluence Willow <br />Creek at lat 40 deg 19'02" N, long 106 deg 02'28'1 W as the <br />downstream terminus. <br /> <br />b. The use of the water is to appropriate such mini- <br />mum strealn flows as are required to preserve the natural <br />environment to a reasonable degree. <br /> <br />7. The date of initiation of appropriation is May <br />12. 1978. <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 first appl ied to the above benefi- <br />cial use on May 12, 1918 by action of the Colorado Water Con- <br />servation Board under the provisions of C.R.S. 197}, <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). (4) 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 />Amorica,and as a result. on __~~~A.t~~_~~J_~~~_. <br />the appl i cati on was rereferred 7b the water judge for Water <br />D i vis i on No.5. <br /> <br />12. The statements of opposition of the Colorado ~~~ <br />Wat~r 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vancy District were subsequently withdrawn and the statement 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of opposition of the United States of America was withdrawn 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 jng of the referee. As a result, the appl ication <br />has again been referred to the water referee by the water <br />judge fo~ water Division No.5. <br /> <br />The referee does therefore conclude that the above-entitled <br /> <br />appl ication should be granted and that 1 cubic feet of water <br />IS <br />per 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 reasonable degree on Trout <br /> <br />Creek between the beginning and end points as described in <br /> <br />paragraph 5 above, with an appropriation date of May 12, <br /> <br />1978, 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 />including properly decreed reserved rigtlts, as are now or <br />will hereafter be determined by law. <br /> <br />-2- <br />