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Conservation Board under the provisions of C.R.S. § § 37- 92- 102(3) and 37 -92- <br />103(3), (4) and (10). <br />10. Amount of water claimed (ABSOLUTE): Instream flow of 2.0 cfs (April 1 — <br />October 31), and 1.4 cfs (November 1- March 31). <br />CONCLUSIONS OF LAW <br />11. Notice and Jurisdiction: The Water Court for Division 2 has jurisdiction over the <br />subject matter of these proceedings and over all persons, owners of property and water <br />rights that may be affected hereby, whether or not they have chosen to appear. The <br />Application in this matter and the resume publication of the Application placed such person <br />on notice of the relief requested by the Application and granted by this decree. §§ 37 -92- <br />203 and 302, C.R.S. (2009). <br />12. The CWCB has fulfilled all legal requirements for a decree for water rights <br />including §§ 37 -92 -302, 304 and 305, C.R.S. (2009). <br />13. Burden of Proof. The CWCB has complied with all requirements, has met all <br />standards of burdens of proof to adjudicate the water rights requested in the Application <br />and is 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 <br />water rights described herein, in the amount of 2.0 cfs (April 1 — October 31), and 1.4 cfs <br />(November 1- March 31) in order to preserve the natural environment to a reasonable <br />degree in Currant Creek between the upstream and downstream points described in <br />paragraph 7 above. The appropriation date for this water right is January 28, 2004. <br />16. The CWCB acknowledges that senior water rights exist on Currant Creek and the <br />water right awarded herein is tributary to the Arkansas River. The priority herein awarded <br />was filed in the water court in the year of 2004 and shall be junior to all priorities filed in <br />previous years. As between all rights filed in the same calendar year, priorities shall be <br />determined by historical date of appropriation and not affected by the date of entry of <br />ruling. Accordingly, the water right adjudicated herein is subject to administration by the <br />Division Engineer's Office, The Applicant shall install and maintain such measuring <br />devices and keep such records as the Division Engineer may require for administration of <br />this right. <br />3 <br />