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<br />) <br /> <br />90CW282 <br />Water Div. 5 <br /> <br />JUDGMENT AND DECREE <br /> <br />8. Incorporation of Findinqs of Fact and Conclusion of Law: <br />The foregoing Findings of Fact and Conclusions of Law are approved <br />and incorporated herein by reference. <br /> <br />9. Water Riqhts Decreed: The Referee Rules and Orders that <br />subject to the terms and conditions set forth herein, the subject <br />Application is granted and the following Instream Flow water right <br />is hereby ordered, adjudged and decreed: <br /> <br />3.0 c.f.s. ABSOLUTE (May 15 - August 14); <br />0.35 c.f.s. ABSOLUTE (August 15 - May 14). <br /> <br />for the purpose of maintaining an Instream Flow to <br />preserve the natural environment to a reasonable degree <br />in Hamilton Creek between the upstream and downstream <br />termini as described above in paragraph 3 with an <br />appropriation date of November 27, 1990. <br /> <br />The priority herein awarded was filed in the Water Court in <br />the year of 1990 and shall be junior to all priorities filed in <br />prev~ous years. As between all rights filed in the same calendar <br />year, priorities shall be determined by historical date of <br />appropriation and not affected by the date of the entry of this <br />ruling. <br /> <br />10. The CWCB shall <br />devices and maintain such <br />require for administration <br /> <br />install <br />records <br />of this <br /> <br />and maintain such measuring <br />as the Division Engineer may <br />Instream Flow water right. <br /> <br />IT IS Ordered that this Ruling shall be filed with the Water <br />Clerk and shall become effective upon such filing, subject to <br />judicial review pursuant to ~ 37-92-304, 15 C.R.S. (1990). <br /> <br />IT IS Further Ordered that a copy of the Judgment and Decree <br />shall be filed with the State Engineer and the Division Engineer <br />for Water Division No.5. <br /> <br />Dated this <br /> <br />day of <br /> <br />, 1997. <br /> <br />BY THE REFEREE: <br /> <br />Robert Cutter <br />Water Referee <br />Water Division No. 5 <br />