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<br />, <br /> <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 waterrights) <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 instreamflow water rights on Founnile CIeek <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 obj ect 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 of 3,5 c,f,s, (April 1 - May <br />14); 9.5 c,f,s, (May 15 - June 14); 3,5 c,f,s, (June 15- October 31); and 5 d,s, (November 1 - <br />March 31) is hereby entered to preserve the natural environment to a Ieasonab1e degree through <br />'the upstream and downstream points as described in paragraph 4, subject to the terms and <br />conditions set forth in paragraph 9, The appropriation date for this water right ill January 26, <br />2000, <br /> <br />~ . , ' '. <br /> <br />, The priority herein awarded was'filed in the water 'court in the year of2000 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 histoncal'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 records as the Division Engineer may :require for administration of this Iight. <br /> <br />, , ' <br /> <br />It is accQrding1y 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 />Datedthis \~Of~e-C">",,",,~ ,200l. <br /> <br />BY THE REFEREE: <br /> <br />':tY\p. ~ ~(')Q....Q.~ ~ <br />Mardell R, Cline <br />Water Referee <br />Water Division No.2 <br />State of Colorado <br /> <br />4 <br />