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<br />,,,. <br />~ <br /> <br />. <br /> <br />8. <br /> <br />Amount of water claimed (ABSOLUTE): <br />First water right: All unappropriated water. <br />Second water right: Instream flow of 2.7 cfs or the natural inflow, whichever <br />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 is hereby <br />entered to preserve the natural environment to a reasonable degree through the upstream <br />and downstream points, as described above. The appropriation date for the first water <br />right is May 25, 2005. The appropriation date for the second water right is January 23, <br />2002. <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 rnaintain such <br />measuring devices and keep such records as the Division Engineer may require for <br />administration of this right. <br /> <br />. <br /> <br />3 <br />