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<br />. <br /> <br />. <br /> <br />90CW306 <br />Water Div. 5 <br /> <br />appurtenant structures as determined necessary by <br />Denver. <br /> <br />CONCLUSIONS OF LAW <br /> <br />5. Jurisdiction: The Referee has jurisdiction over <br />this proceeding. The CWCB has complied with the required <br />statutory requirements, full and adequate notice of the CWCB's <br />claims have been given in the manner required by law and no <br />additional notice needs to be given. The Court has <br />jurisdiction over the subject matter and over all persons with <br />standing to become parties in this case, whether they have <br />appeared or not. <br /> <br />6. Incorporation of Findinqs of Fact: The foregoing <br />findings of fact are incorporated herein to the extent that <br />they constitute conclusions of law. <br /> <br />4 , Standards and Burdens of Proof: The CWCB has <br />complied with all requirements, has met all standards and <br />burdens of proof regarding the Board's appropriation of the <br />Instream Flow water rights requested in the Application filed <br />in this case, and is therefore entitled to a Ruling confirming <br />and approving its Instream Flow water rights as more fully <br />described in paragraph 3 above. <br /> <br />JUDGMENT AND DECREE <br /> <br />5. Incorporation of Findinqs of Fact and Conclusion of <br />Law: The foregoing Findings of Fact and Conclusions of Law <br />are approved and incorporated herein by reference. <br /> <br />6. Water Riqhts Decreed: The Referee Rules and Orders <br />that subject to the terms and conditions set forth herein, the <br />subject Application is granted and the following Instream Flow <br />water right is hereby ordered, adjudged and decreed: <br /> <br />First segment - 4.0 c.f.s. ABSOLUTE (May 15 - <br />September 15); 1.5 c.f.s. ABSOLUTE <br />(September 16 - May 14) . <br /> <br />Second segment - 7,0 c.f,s. ABSOLUTE (May 15 ~ <br />September 15); 1,5 c,f.s. ABSOLUTE <br />(September 16 - May 14) . <br /> <br />for the purpose of maintaining an Instream Flow to <br />preserve the natural environment to a reasonable <br />degree in Ranch Creek between the upstream and <br />downstream termini as described above in paragraph <br />3 with an appropriation date of November 27, 1990. <br /> <br />~ <br />