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<br />i <br />I <br />I <br /> <br />f. The CWCB agrees not to oppose any applications filed by Eldred to correct <br />the points of diversion, places of use, or storage locations to conform the <br />decrees to historic practices and actual field locations for the Eldred absolute <br />water rights. <br />g. CWCB agrees not to oppose the development of Eldred's Finch Reservoir <br />water rights, including but not liIIlited to, applications for findings of <br />reasonable diligence, adjudication of alternate points of diversion for the <br />Finch Reservoir Feeder Ditch, and alternate storage locations for the Finch <br />Reservoir storage right, so long as the changes to the conditional water rights <br />do not result in an expansion of the original contemplated draft and uses of the <br />conditional water rights. <br />h. The parties agree that the water rights Pacific has claimed in Case No. 05CW201, <br />Water Division No.4, are senior in priority to the Horsefly Creek instream flow which <br />is the subject of this Case No. 05eW215, except that Pacific's Hideout North Fork <br />Pump and Pipeline and Hideout North Fork Habitat Pumpback claimed i:n Case No. <br />05CW201 are junior in priority to the subject Horsefly Creek instream flow. <br /> <br />It is accordingly ORDERED that this Ruling shall be filed with the water clerk <br />subject to judicial review. <br /> <br />It is further ORDERED that a copy of this Ruling shall be filed with the Division <br />Engineer and the State Engineer. <br /> <br />Dated this J 1~y of (Y\ D.A...J- .2007. <br /> <br />BY THE REFEREE: <br /> <br />A~~/ <br /> <br />Aaron Clay <br />Water Referee <br /> <br />No protest was filed in this matter. The foregoing Ruling is confirmed and approved, <br />and is made the Judgment and Decree of this Court. <br /> <br />DATED this /~ day of ~ <br /> <br />,2007. <br /> <br /> <br />4 <br /> <br />___________J <br />