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Conservancy referenced in paragraph (D) that would be developed <br />between RMWUA and the owners of the Snowshoe Reservoir. <br />Pursuant to section 37- 92- 102(3)(b), C.R.S. (2005), the CWCB acknowledges and <br />agrees that the instream flow water right applied for herein is subject to the exchange, as <br />described in paragraph (D) above, existing at the time the CWCB made its appropriation. <br />Further, the CWCB agrees that it will not use the ISF water rights proposed on Anthracite <br />Creek and Coal Creek as a basis to oppose any future application for an exchange of <br />water tights from the reservoirs identified in Case No. 06CW59 so long as the exchange <br />is operated in the same timing and amounts and up to the same diversion points as those <br />identified in paragraph (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 I 1 day of -pf 't I , 2008. <br />BY THE REFEREE: <br />1111-07/. <br />Aaron Clay <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 made the Judgment and Decree of this Court. <br />DATED this day of Mai , 2008. <br />BY THE COURT <br />. Steven Patrick <br />Water Judge <br />Water Division No. 4 <br />State of Colorado <br />