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<br />,r <br /> <br />'. <br /> <br />,. <br /> <br />.. <br /> <br />90CW302 <br />Water Div. 5 <br /> <br />not to seek to improve the position of its water rights in the Fraser and Williams <br />Fork Basins by claiming any of the waters made available by Denver for WPRA <br />and others under the Clinton Agreement. Accordingly, the CWCB waived any <br />claim to those waters as a source of supply for these Instream Flow water rights. <br />Nothing contained in this ruling and decree shall be deemed to modify, alter or <br />supersede any of the terms of, or rights and obligations arising under, the <br />Agreement, and the Agreement shall survive the entry of a decree herein. <br /> <br />CONCLUSIONS OF LAW <br /> <br />5. Jurisdiction: The CWCB has complied with the required statutory <br />requirements, full and adequate notice of CWeB's claims have been given in the manner <br />required by law and no additional notice needs to be given. The Court has jurisdiction over <br />the subject matter and over all persons with standing to become parties in this case, whether <br />they have appeared or not. <br /> <br />6. Incorporation of Findings of fact: The foregoing [mdings of fact are <br />incorporated herein to the extent that they constitute conclusions of law. <br /> <br />7. Standards and Burdens of Proof: The CWCB has complied with all <br />requirements, has met all standards and burdens of proof regarding the Board's <br />appropriation of the Instream Flow water rights requested in the Application filed in this <br />case, and is therefore entitled to a Ruling confirming and approving its Instream Flow water <br />rights as more fully described in paragraph 3 above. <br /> <br />JUDGMENT AND DECREE <br /> <br />8. Incorporation of Findings of Fact and Conclusion of Law: The foregoing <br />Findings of Fact and Conclusions of Law are approved and incorporated herein by <br />reference. <br /> <br />9. The Ruling of the Referee entered on April 2, 1999 is hereby modified <br />pursuant to Section 37-92-304(5), C.RS. (1999). <br /> <br />10. Water Rights Decreed: The Court Orders that, subject to the terms and <br />conditions set forth herein, the subject Application is granted and the following Instream <br />Flow water right is hereby ordered, adjudged and decreed: <br /> <br />8.0 c.f.s. ABSOLUTE (May 15 - September 15); <br />3.5 c.f.s. ABSOLUTE (September 16 - May 14). <br /> <br />for the purpose of maintaining an Instream Flow to preserve the natural <br />