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<br />,. <br /> <br />1"<;; ~0 3~S- <br /> <br />e. Use of Water: For Instream Flows to preserve the natural <br />environment to a reasonable degree. <br /> <br />CONCLUSIONS OF LAW <br /> <br />4. Jurisdiction: The Referee has jurisdiction over this proceeding. The CWCR <br />has complied with the required statutory requirements, full and adequate notice of CWCB's <br />claims have been given in the manner required by law and no additional notice needs to be <br />given. The Court has jurisdiction over the subject matter and over all persons with standing <br />to become parties in this case, whether they have appeared or not. <br /> <br />5. Incorporation of Findings of Fact: The foregoing findings of fact are <br />incorporated herein to the extent that they constitute conclusions of law. <br /> <br />6. Standards and Burdens of Proof: The CWCB has complied with all <br />requirements, has met all standards and burdens of proof regarding the Board's <br />appropriation of the Instream Flow water rights requested in the Application filed in this <br />case, and is therefore entitled to a Ruling confirming and approving its Instream Flow water <br />rights as more fully described in paragraph 3 above. <br /> <br />JUDGMENT AND DECREE <br /> <br />7. Incorporation of Findings of Fact and Conclusion of Law: The foregoing <br />Findings of Fact and Conclusions of Law are approved and incorporated herein by <br />reference. <br /> <br />8. Water Rights Decreed: The Referee Rules and Orders that subject to the <br />terms and conditions set forth herein, the subject Application is granted and the following <br />Instream Flow water right is hereby ordered, adjudged and decreed: <br /> <br />105 cfs (May 15 - June 30); <br />70 cfs (July 1 - July 14); <br />20 efs (July 15 - Apri130); <br />70 cfs (May I - May 14); ABSOLUTE. <br /> <br />for the purpose of maintaining an Instream Flow to preserve the natural <br />environment to a reasonable degree in Muddy Creek between the upstream <br />and downstream termini as described above in paragraph 3 with an <br />appropriation date of July 13, 1998. <br /> <br />3 <br /> <br />-.. <br />