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7~ 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 Founnile Creek decreed in Case No. 95CW233. ii, The CWCB agrees and acknowledges that its 2000 appropriations on Founnile 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 Founnile Creek and Oil Creek. THE WATER REFEREE RULES: The application is granted and a decree (ABSOLUTE) in the amount of 9.5 c,f,s, (April' IS - October 14); and 5 c.f.s. (October IS - 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 of 2000 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 Y " 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 adJ;ninistration 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 of this Ruling shall be filed with the Division Engineer and the State Engineer. Dated this ~day of ~I:\ "l'<\..'\.~ 2001. BY THE REFEREE: ~s--~Cf)'-R 0 ~..~ "~Q Mardell R. Cline Water Referee Water Diyision No.2 State of Oolorado 4