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<br />8. Amount of water claimed (ABSOLUTE): Instream flow of .75 c.f.s. (April 15 - <br />May 14); 1.8 c.f.s. (May 15 - June 30); .75 c.f.s. (July 1 - October 14); and 0.3 c.f.s. (October <br />15 - April 14). <br /> <br />9. Proposed Terms and Conditions. In the appropriation proceedings before the <br />Colorado Water Conservation Board ("CWCB"), the City of Cripple Creek ("City") contested <br />the CWCB' s appropriation of this instream flow water right. As a result of negotiations, the <br />CWCB and the City entered into a stipulation dated September 15, 2000, attached as Exhibit A <br />and incorporated herein, which provides, among other things, that: <br /> <br />a. The CWCB agrees to enter into stipulations with the City in Case Nos. 96CW233 <br />and 98CWI74 (applications of the City for certain water rights) providing that the <br />CWCB will not object to the entry of decrees in those cases if said decrees contain <br />certain terms and conditions set fo):1:h in the stipulations that are protective of the <br />CWCB's instream flow water rights on Fourmile Creek decreed in Case No. <br />95CW233. <br /> <br />b. The CWCB agrees and acknowledges that its 2000 appropriations on Fourmile <br />Creek and Oil Creek are junior to the City's appropriations and exchanges <br />applied for in Case Nos. 96CW233 and 98CW174, and the City agrees to not <br />enter statements of opposition or object to the entry of decrees for th~ CWCB's <br />2000 appropriations on Fourmile ~reek and Oil Creek. <br /> <br />THE WATER REFEREE RULES: <br /> <br />The application is granted and a decree (ABSOLUTE) in the amount of .75 c.f.s. (April <br />IS - May 14); 1.8 c.f.s. (May 15 - June 30); ,75 c.f.s. (July 1 - October 14); and 0.3 c.f.s. <br />(October 15 - April 14) is hereby entered to p~eserve the natural environment to a reasonable <br />degree through the upstream and downstream P9ints as described in paragraph 4, subject to the <br />terms and conditions set forth in paragraph 9.. i The appropriation date for this water right is <br />January 26, 2000. <br /> <br />The priority herein awarded was filed in the water court in the year of 2000 and shall be <br />junior to all priorities filed in previous years. As between all rights filed in the same calendar <br />year, priorities shall be determined by historical liateof appropriation and not affected by the <br />date of entry of ruling. The Applicant shall instal! and maintain such measuring devices and <br />keep such records as the Division Engineer may require for administration of this right. <br /> <br />.' <br />It is accordingly ORDERED that this Ruling shall be filed with the water clerk subject to <br />judicial review. <br /> <br />3 <br />