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<br />The priority herein awarded was filed in the water court in the year of 2005 and <br />shall be junior to all priorities filed in previous years. As between all rights filed in the <br />same calendar year, priorities shall be determined by historical date of appropriation and <br />not affected by the date of entry of ruling. The Applicant shall install and maintain such <br />meJlsuring devices and keep such records as the Division Engineer may require for <br />administration of this right. <br /> <br />Terms and conditions: At its regularly scheduled May 2005 and November <br />2005 meetings, the Board approved the inclusion of certain terms and conditions in this <br />application and the resulting decree. The Board intends to include those terms and <br />conditions in substantially the same form set forth below in the decree for this instream <br />flow water right. <br /> <br />a. In applications for any type of proposed change of a senior absolute water <br />right located upstream of this instream flow water right, the CWCB may file a <br />Statement of Opposition but shall stipulate to the entry of a decree in such <br />application if the proposed change does not increase the historic consumptive <br />use during April I through June 5 and does not increase the impact to the <br />instream flow water right. <br />b. In applications for any type of proposed change of a senior conditional water <br />right located upstream of this instream flow water right, the CWCB may file a <br />Statement of Opposition but shall stipulate to the entry of a decree in such <br />application if the proposed change does not increase the impact conteIIlplated <br />by the original decree to the reach of Horsefly Creek containing this instream <br />flow water right during Apri!l through June 5. Senior conditional storage <br />water rights are likely to include storage of spring flows that will have an <br />impact on this instream flow water right. Such conditional water rights shall <br />be allowed to be moved anywhere in the basin upstream of this instream flow <br />water right as long as the new location does not increase the impact to the <br />instream flow. <br />c. The CWCB shall set aside up to 4.05 acre-feet of the de minimis allowance <br />for this instream flow water right to allow for up to 300 new future undecreed <br />domestic wells. As used herein, the de minimis allowance for an instream <br />flow water right means a depletive effect of one percent of the decreed <br />instream flow amount on the stream reach that is subject of the instream flow <br />water right. <br />d. Eldred Colorado Family Limited Partnership ("Eldred") is the owner of <br />certain vested absolute and conditional water rights within the Horsefly Creek <br />basin (attached as Exhibit A). These water rights are senior to this instream <br />flow water right and are located approximately 10 miles upstream. <br />e. The CWCB stipulates that use of Eldred's absolute water rights consistent <br />with their historic and decreed uses shall not cause injury to this instream flow <br />water right. <br /> <br />3 <br />