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<br />.i. The CWCB agrees to enter into stipulations with the City in Case Nos, <br />96CW233 and 98CW174 (applications of the City for certain water Iights) <br />providing that the CWCB will not object to the entry of decrees in those cases if <br />said decrees contain certain terms and conditions set forth in the stipulations that <br />are protective of the CWCB's instream flow water Iights on Fourmile Creek <br />decreed in Case No, 95CW233, <br /> <br />ii. The CWCB agrees and acknowledges that its 2000 appropriations on <br />Fourmile Creek and Oil Creek are junior to the City's appropriations and <br />exchanges applied for in Case Nos, 96CW233 and 98CW174, and the City <br />agrees to not enter statements of opposition or object to the entry of decrees <br />for the CWCB's 2000 appropriations on Fourmile Creek and Oil Creek. <br /> <br />THE WATER REFEREE RULES: <br /> <br />The application is granted and a decree (ABSOLUTE) in the amount of3,5 c,f,s, (April 1 <br />- May 14); 9,5 c,f,s, (May 15 - June 14);3.5 c,f,s, (June 15 - October 31); and 5 c,f,s, <br />(November 1 - March 31) is hereby entered,to preserve the natural environment to a reasonable <br />degree through the upstream and downstream points as descIibed in paragraph 4, subject to the <br />terms and conditions set forth in paragraph 9, The appropriation date for this water right is <br />January26,2000. <br /> <br />The priority heIein awarded was filed in the water court in the year of2000 and shall be <br />junior to all priorities filed in pIevious years, As between all Iights filed in the same calendar <br />year, prioIities shall be determined by historical date of appropriation and not affected by the <br />date of entry of ruling, The Applicant shall install and maintain such measuring devices and <br />keep such Iecords as the Division Engineer may Iequire for administration of this right. <br /> <br />It is accordingly ORDERED that this Ruling shall be filed with the water clerk subject to <br />judicial review, <br /> <br />It is further ORDERED that a copy of this Ruling shall be filed with the Division <br />Engineer and the State Engineer, <br /> <br />Dated this <br /> <br />day of <br /> <br />,2001. - <br /> <br />BY THE REFEREE: <br /> <br />Mardell R. Cline <br /> <br />4 <br />