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<br />~. , <br /> <br />e. Use of iWater: For Instream Flows to preserve the natural <br />environment to alreaSonable degree. <br /> <br />\ ' <br />CONCLUSIONS OF LA iW <br /> <br />4. Jurisdiction: ThJ R~feree has jurisdiction over this proceeding. The CiWCB <br />has complied with the required Jtatutory requirements, full and adequate notice of CiWCB's <br />claims have been given in the ~er required by law and no additional notice needs to be <br />given. The Court has jurisdictio~ 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. InCllJ:l1Oralion ofl EiAdinl:S o( Eact; The foregoing findings of fact are <br />incorporated herein to the extent ~at they constitute conclusions oflaw. <br />! <br />I ! <br />6. Standards and Burdens of Proof: The CiWCB has complied with all <br />requirements, has met all sclnd'iU'ds 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 ~ Ruling confirming and approving its Instream Flow water <br />rights as more fully described in paragraph 3 above. <br />i <br />I <br />J1JJDGMENT AND DECREE <br /> <br />7. Incox:poration 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 />I <br />reference. i <br />i <br />i <br />8. Water Rights Decreed: The Referee Rules and Orders that subject to the <br />terms and conditions set forth hJrein, the subject Application is granted and the following <br />I <br />Instream Flow water right is hereby ordered, adjudged and decreed: <br /> <br />105 cfs (May 151 Juhe30); <br />70 cfs (July 1 - J'fly J4); <br />20 cfs (July 15 - April 30); <br />I <br />70 cfs (May 1 - ~ay! 14); ABSOLUTE. <br /> <br />I <br /> <br />for the purpose df maintaining an Instream Flow to preserve the natural <br />environment to a reasonable degree in Muddy Creek between the upstream <br />and downstream i termini as described above in paragraph 3 with an <br />appropriation dat1 of1uly 13, 1998. <br /> <br />3 <br /> <br />I <br />