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<br />. " <br /> <br />No. 93CW268 <br />eolorado Water eons. Board <br /> <br />9. eOMMENTS: Applicant has agreed that the rights sought <br />in this application shall be subject to the development of all <br />facilities, component features and water rights of the San Miguel <br />Project ("Project") which are located on Saltado Creek to the <br />extent set forth as follows. <br /> <br />a. Applicant shall not call water out of, or request <br />the Division Engineer to curtail, the operation of any <br />facilities, component features or water rights of the Pro- <br />ject which are decreed with an appropriation date prior to <br />December 31, 1998, or any exchanges needed for the Project <br />("Project Requirements") filed on or before December 31, <br />1998, even if Project Requirements would cause the flow in <br />Beaver Creek to drop beneath the flows decreed herein. <br /> <br />b. Applicant shall not object to the change of any or <br />all of the water rights decreed for and used, or to be used <br />in conjunction with the Project which are filed on or before <br />December 31, 1998, for irrigation, municipal, industrial, <br />flood control, recreation and fish and wildlife purposes, <br />even if such change is to points of diversion on Saltado <br />Creek, or to points of diversion which would affect the <br />flows in Beaver Creek. <br /> <br />c. Applicant shall not object to any application for <br />new water rights for the Project if applied for prior to <br />December 31, 1998. <br /> <br />- <br /> <br />d. Applicant shall not assert inundation of the <br />instream flow rights sought herein to be injury to or inter- <br />ference with the instream flow right sought herein if the <br />nn_ ~ ___._ _ ---inundat-ion--is_cauaed~any_f_a_G.ility- or component of the <br />Project. <br /> <br />10. The Applicant and the District have stipulated to the <br />entry of this Decree, and the Stipulation has 'been approved by <br />this Court. <br /> <br />11. The Intervention filed by Billorado Properties was <br />withdrawn by a Stipulated Motion to Withdraw Intervention, filed <br />on December 16, 1996, and granted by this eourt on December 27, <br />1996. <br /> <br />THE WATER REFEREE RULES: <br /> <br />The application is granted and a decree (ABSOLUTE) in the <br />amount of 5.0 c.f.s. (May 1 - June 30); 2.50 c.f.s. (July 1 - <br />April 30) is entered to preserve the natural environment to a <br /> <br />3 <br />