<br />9, CWCB recognizes that in the event water rights claimed by Dennis O'Neill and
<br />East Twin Lakes Ditches and Water Works that would otherwise have been senior to the CWCB
<br />water rights decreed herein but that are currently listed as abandoned are found not to be
<br />abandoned, said water rights shall be senior in priority to the CWCB water rights decreed herein,
<br />
<br />10, In the event that Dennis O'Neill and/or East Twin Lakes Ditches and Water
<br />Works pursues litigation to have the water rights that were found abandoned in Case No,
<br />84CW132 removed from the abandonment list, the CWCB agrees not to participate in such
<br />litigation,
<br />
<br />THE WATER REFEREE RULES:
<br />
<br />The application is granted and a decree (ABSOLUTE) in the amount of3,O c,f,s, (May 1-
<br />September 14); 1.50 c,f,s, (September IS-November 30); 1.0 c,f,s, (December I-April 30)
<br />is hereby entered to preserve the natural environment to a reasonable degree through the
<br />upstream and downstream points as described in paragraph 4, The appropriation date for this
<br />water right is January 29, 1998,
<br />
<br />The priority herein awarded was filed in the water court in the year of 1998 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 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 right.
<br />
<br />Objector East Twin Lakes Ditches and Water Works has claimed a preexisting use on
<br />Cache Creek., .In order to settle Objector East Twin Lakes Ditches and Water Works's claim, the
<br />CWCB agrees to subordinate its instream flow rights in Case Nos. 98CW147, 98CW163, and
<br />98CW164, Division 2, to Objector East Twin Lakes Ditches and Water Works in the amount of
<br />100 acre-feet of water, for domestic and mining purposes, as follows:
<br />
<br />The CWCB agrees that, during the month of June only, East Twin Lakes Ditches and
<br />Water Works is entitled to divert from either Willis Gulch, Boswell Gulch, Cache Creek, or some
<br />combination of these streams, without regard for the CWCB's instream flow rights in Case Nos,
<br />98CW147, 98CW163, and 98CW164, Division 2, a total of 100 acre-feet of water, for domestic
<br />and mining purposes; provided, however, that East Twin Lakes Ditches and Water Works may so
<br />divert from Willis Gulch, Boswell Gulch, or Cache Creek only if water is not physically
<br />available for diversion from Flume Creek.
<br />
<br />It is accordingly ORDERED that this Ruling shall be filed with the water clerk subject to
<br />judicial review,
<br />
<br />3
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