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<br />e <br /> <br />e <br /> <br />e <br /> <br />all out-of-priority depletions in time and place, at or upstream from where the depletions impact <br />Tenmile Creek, <br />· In addition, at times when the CWCB's instream flow on Tenmile Creek is not satisfied, as decreed <br />in Case No. 90CW281, the Applicant will either curtail its diversion from the Ecker Spring, or the <br />Applicant will replace all out-of-priority depletions in time and place, at or upstream from where the <br />depletions impact Tenmile Creek <br />· The Applicant also has agreed to install, maintain, and monitor such measuring devices as may be <br />required by the State and Division engineer to administer the terms of the decree, <br /> <br />(4) Case No. ~-98CW138; Pueblo Board of Water Works <br /> <br />The Board ratified the statement of opposition filed in this case at its March 29, 1999, meeting, This <br />Application was for a water storage rights and an appropriative right of exchange. The Board has instream <br />flow water rights on Lake Creek, Lake Fork Creek and East Tennessee Creek that could have been <br />injured by this application, On May 31,2001, the Applicant filed an uncontested motion for voluntary <br />dismissal of its Application. <br />