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10. Amount of water claimed (ABSOLUTE): Instream flow of 5.0 cfs (April 1— October 31), <br />2.2 cfs (November 1 — March 31). <br />CONCLUSIONS OF LAW <br />11. Notice and Jurisdiction. The Water Court for Division 5 has jurisdiction over the subject <br />matter of these proceedings and over all persons, owners of property and water rights that <br />may be affected hereby, whether or not they have chosen to appear. The application in <br />this matter and the resume publication of the application placed such persons on notice of <br />the relief requested by the application and granted by this decree. §37 -92 -203 and 302 <br />C.R.S. (2008). <br />12. The CWCB has fulfilled all legal requirements for a decree for water rights including <br />§§ 37 -92 -302, 304 and 305, C.R.S. (2008). <br />13. Burden of Proof. The CWCB has complied with all requirements, has met all standards <br />and burdens of proof to adjudicate the water rights requested in the Application and is <br />therefore entitled to a decree approving the requested water rights. <br />JUDGMENT AND DECREE <br />14. The foregoing Findings of Fact and Conclusions of Law are hereby approved and <br />incorporated as the Judgment and Decree of the Court by this reference. <br />15. The Application is granted and the Court hereby approves and decrees the absolute water <br />rights described herein, in the amount of 5.0 cfs (April 1 — October 31), 2.2 cfs <br />(November 1 — March 31) in order to preserve the natural environment to a reasonable <br />degree in the reach of Rabbit Ears Creek between the upstream and downstream terminus <br />points described in paragraph 7 above. The appropriation date for this water right is <br />January 23, 2008. <br />16. The priority herein awarded was filed in the water court in the year of 2008 and shall be <br />junior to all priorities filed in previous years. As between all rights filed in the same <br />calendar year, priorities shall be determined by the historical date of appropriation and <br />not affected by the date of entry of ruling. The Applicant shall install and maintain such <br />measuring devices and keep such records as the Division Engineer may require for <br />administration of this right. <br />It is accordingly ORDERED that this Ruling shall be filed with the water clerk subject to <br />judicial review. <br />It is further ORDERED that a copy of this Ruling shall be filed with the Division <br />Engineer and the State Engineer. <br />3 <br />