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as <br />opposing the development of a reservoir proposed under Case No. 5873 or <br />the exchange agreement. between RMWUA and North. Fork Water <br />Conservancy referenced in paragraph 2(D) that would be developed <br />between RMWUA acid the owners of the Snowshoe Reservoir. <br />Plusuant to section 37-92-1.02(3)(b), C.R.S. (2005), the CWC3 acktiowledges and <br />agrees that the instrearn flow water right applied for herein is subject to the exchange, as <br />described in paragraph 2(D) above, existing at the time the CWCB made its <br />appropriation. Further, the CWCB agrees that it will not use the ISF water rights <br />proposed on .Anthracite Greek and Coal Creek as a basis to oppose any future application <br />for an exchange of water rights from the reservoirs identified in Case No. 06CW59 so <br />long as the exchange is operated in the same timing and amounts and up to the same <br />diversion points as those identified in paragraph 2(D) above. <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 �-`� day of , 2049. <br />BY THE REFEREE: <br />S. Gregg Stanw iy <br />Water Referee <br />Water Division No. 4 <br />State of Colorado <br />No protest was filed in this matter. The foregoing Ruling is confirmed and approved, <br />and is mane the Judgnnent and Decree of this Court. <br />1--- <br />DATED this �`� day of --J Y!LA&— , 2009. <br />BY THE COURT <br />Steven Patrick <br />Water Judge <br />Water Division No. 4 <br />State of Colorado <br />