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<br />. <br /> <br />8. Amount of water claimed (ABSOLUTE): <br /> <br />First water right: All the unappropriated water. <br /> <br />Second water right: Instream flow of20.0 cfs (May 1 - October 14); 9.0 cfs <br />(October 15 - ApriI30).or the natural inflow, whichever is less. <br /> <br />TERMS AND CONDITIONS: <br /> <br />9. The Forest Service shall hold a springing executory interest in the water rights <br />decreed herein. Such rights shall vest if, and only if, the following events occur: <br />a. The legislature of the State of Colorado abolishes the Board's <br />instream flow program; or, <br />b. The legislature of the State of Colorado takes such other steps as <br />will have the effect of terminating the Board's instream flow <br />program, or otherwise preventing the Board from protecting these <br />rights in the manner described in the enforcement agreement <br />entered into between the Board and the Forest Service, attached to <br />this proposed decree. <br /> <br />. <br /> <br />10. This decree is entered pursuant to the stipulation of the parties and because of the <br />unique characteristics and circumstances concerning Spring Creek, and therefore <br />establishes no precedent or expectation or interest with respect to any other stream <br />within the State of Colorado. The parties shall not cite this decree as precedent in <br />any other proceeding in the State of Colorado. <br /> <br />THE WATER REFEREE RULES: <br /> <br />The application is granted and a decree in the amounts specified above, and is <br />hereby entered to preserve the natural environment to a reasonable degree through the <br />upstream and downstream points, as described above. The appropriation dates for these <br />water rights are January _,2001 and January _,2005. <br /> <br />The priority herein awarded was filed in the water court in the year of _, 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 /> <br />It is ORDERED that this Ruling shall be filed with the water clerk subject to judicial <br /> <br />revIew. <br /> <br />3 <br />