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.' Ditch. The CWCB recognizes that, during the irrigation season from April through October, the Hughes Ditch carries transbasin water diverted from Fall Creek and seven subsequent tributaries to Fall Creek. The CWCB acknowledges that it is not claiming return flows from transbasin water as part of this instream flow right on Specie Creek and, therefore, the CWCB stipulates that it will make no attempt to place a call on return flows derived from transbasin water (either those associated with irrigation or other use(s) of the transbasin Hughes Ditch water, including use on Specie Mesa lands). The CWCB also recognizes that any future change(s) in use(s), or place of use, of the transbasin Hughes Ditch water will not be subject to administration by the CWCB's Specie Creek instream flow right. In addition, the CWCB, BLM, John and Victoria Irwin, J.C. Mesa, LLC, Wolf Land Company, L.P., and Trout Unlimited have agreed that the point of administration for the CWCB's Specie Creek instream flow water right will be located at a point located approximately 1.9 miles upstream of the confluence with the San Miguel River, just upgradient of the third culvert crossing, in the NW1I4, NE1I4, Section 7, Township 43 North, Range II West, N.M.P.M., in San Miguel County. THE WATER REFEREE RULES: The Application is granted and a decree in the amount of (ABSOLUTE): Instreaffi flow of 1.6 cfs (April I - April 30); 4.3 cfs (May I - May 31); 0.2 cfs (June 1 _ March 3 I).is hereby entered to preserve the natural environment to a reasonable degree through the upstream and downstream points as described in paragraph 4 above. The appropriation date for this water right is January 23, 2002. The priority herein awarded was filed in the water court in the year of2002 and shall be junior to all priorities filed in previous years. As between all rights filed in the same calendar year, priorities shall be determined by historical date of appropriation and not affected by the date of entry of ruling. The Applicant shall install and maintain such measuring devices and keep such records as the Division Engineer may require for administration of this right. It is ORDERED that this Ruling shall be filed with the water clerk subject to judicial review. It is ORDERED that a copy of this Ruling shall be filed with the Division Engineer and the State Engineer. Dated this \ '1 day of ~( \) , 2006.