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• • of the instream flow for Garner creek and aze diverted out at the Ridenour ditch headgate located in the NW1/4, SW 114 of section b, T45N, Rl lE, N.M. PM about'/, mile above the National Forest boundary. Division of Water Resource records indicate that since I99G the Ridenour ditch has used Garner Creek as a carrier for imported spring water for diversion within the proposed instream flow reach. The maximum amount of diversion of the Garner springs has been 0.7 cfs and diversion occurs April thru November. The water has been used for irrigation of a minimum of I S acres and a maximum of 30 acres and an average of approximately 20.9 acres. The CWCB recognizes the exchanges as specifically described above. THE WATER REFEREE RULES: The application is granted and a decree {ABSOLUTE) in the amount of 1.9 cfs (May 1 -September l4) and O.b cfs (September 15 - Apri130) is hereby entered to preserve the natural environment to a reasonable degree through the stream segment described in paragraph 4 above. The appropriation date for this water right is January 22, 2003. The priority herein awarded was filed in the water court in the year of 2003 and shall he junior to all priorities filed in previous years. As between all rights filed in the same calendar yeaz, 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 accordingly ORDERED that this Ruling shall be filed with the water clerk subject to judicial review. It is Further ORDERED that a copy of this Ruling shall be filed with the Division Engineer and the State Engineer. Dated this day of , 2005. BY THE REFEREE: Referee Mazgazet J. Russell Water Referee Water Division No.3 State of Colorado 3