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<br />! <br /> <br />. <br /> <br />. <br /> <br />and an absolute decree for 1.5 c.f.s. (April 1 - July 31); 0.75 <br />c.f.s. (August 1 - November 30), 0.5 c.f.s. (December 1 - March <br />31) is hereby awarded for the purpose of maintaining an instream <br />flow to preserve the natural environment to a reasonable degree <br />in pine Creek between the upstream and downstream points as de- <br />scribed in paragraph 4 above, with an appropriation date of Sep- <br />tember 16, 1992. The priority herein awarded was filed in the <br />water court in the year of 1992 and shall be. administered as hav- <br />ing been filed in that year, and shall be junior to all prior- <br />ities filed in previous years. As between all rights filed in <br />the same calendar year, priorities shall be determined by histor- <br />ic date of appropriation and not be affected by the date of entry <br />of ruling. The Applicant shall install and maintain such measur- <br />ing devices and maintain such records as the Division Engineer <br />may require for administration of this right. <br /> <br />The Referee finds that the objections to the Application <br />which were provided to him orally by the remaining Objector do <br />not provide any legal basis to deny this Application. See, <br />section 37-92-102(3)9d); 15 C.R.S. (1990); People v. Ernm-ert, 597 <br />P.2d 1025, 1026 (Colo. 1979). It is accordingly ORDERED that <br />this Ruling shall be filed with the Water Clerk subject to Judi- <br />cial review. <br /> <br />It is further ORDERED that a copy of this Ruling shall be <br />filed with the Division 6 Engineer and the State Engineer. <br /> <br />DATED this ~;?~day of August, 1994. <br /> <br />BY THE REFEREE: <br /> <br />.1_~v~L <br />Daniel R. Birch ' -- <br />Water Referee <br />Water Division No. 6 <br />State of Colorado <br /> <br />-4- <br />