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Creek between the upstream and downstream terminus points described in paragraph 4 <br />above. The appropriation date for this water right is January 24, 2007. <br />The priority herein awarded was filed in the water court in the year of 2007 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 />measuring devices and keep such records as the Division Engineer may require for <br />administration of this right. <br />TERMS AND CONDITIONS <br />The CWCB agrees that any call placed to the Division Engineer for <br />administration of the Badger Creek instream flow water right shall be based on <br />the flow amounts as measured at a stream gage located in the reach of Badger <br />Creek between the confluence with the Arkansas River and a point no more than <br />1 mile upstream of the confluence. <br />It is accordingly ORDERED that this Ruling shall be filed with the water clerk <br />subject to 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 />Dated this *y o - ..•.i �/ . 2009. <br />BY THE REFEREE: <br />Referee Mardell DiDomenico <br />Water Referee <br />Water Division No-2 <br />State of Colorado <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 />