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~ providing that the CWCB will not object to the entry of decrees in those cases if said decrees contain certain terms and conditions set forth in the stipulations that are protective of the CWCB's instream flow water rights on Fourmile Creek decreed inCase No. 95CW233. ii. The CWCB agrees and acknowledges that its 2000 appropriations on Fourmile Creek and Oil Creek are junior to the City's appropriations and exchanges applied for in Case Nos. 96CW233 and 98CW174, and the City agrees to not enter statements of opposition or object to the entry of decrees for the CWCB's 2000 appropriations on Fourmile Creek and Oil Creek. THE WATER REFEREE RULES: The application is granted and a decree (ABSOLUTE) in the amount of 9.1 c.f.s. (April 15 - October 14); and 4,75 c.f.s. (October 15 - April 14) is hereby entered to preserve the natural environment to a reasonable degree through the upstream and downstream points as described in paragraph 4, subject to the terms and conditions set forth in paragraph 9. The appropriation date for this water right is January 26, 2000. , The priority herein awarded was filed in the water court in the year of2000 and shall be junior to all priorities filed in previous years. As between all rights filed in the same calendar. year, priorities shall be determined by historical date of appropriation and not affected by the date of entry of ruling. The Applicant shall install and maintain such measuring devices and keep such records as the Division Engineer may require for administration of this right. It is accordingly ORDERED that this Ruling shall be filed with the water clerk subject to judicial review. It is further ORDERED that a copy ofthis Rilling shall be filed with the Division Engineer and the State Engineer. Dated this ~day of"-Dt'. ~<1>.H~ \.. -2- 2001. BY THE REFEREE: ~~OQ~.Q~}~ Mardell R. Cline Water Referee Water Division No.2 State of Colorado 4