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<br />. <br /> <br />. <br /> <br />90CW280 <br />Water Div. 5 <br /> <br />c. Amount of water appropriated: <br /> <br />Upper seqment: <br />1.5 c.f.s ABSOLUTE (April 1 - August 31); <br />0.5 c.f.s. ABSOLUTE (September 1 - March 31). <br /> <br />Lower seqment: <br />1.5 c.f.s. ABSOLUTE (April 1 - June 30); <br />0.5 c.f.s ABSOLUTE (July 1 - March 31). <br /> <br />d. Appropriation date: November 27, 1990. The <br />appropriation was initiated and water first put to <br />beneficial use on Nov~mber 27, 1990, by action of <br />the Colorado Water Conservation Board under ~~ 37- <br />92-102 (3), 103 (3), 103 (4), and 103 (10), C.R.S. <br />(1990 Repl. Vol. 15). <br /> <br />e. Use of Water: For Instream Flows to preserve <br />the natural environment to a reasonable degree. <br /> <br />CONCLUSIONS OF LAW <br /> <br />4. Jurisdiction: The Court has jurisdiction over this <br />proceeding. The CWCB has complied with the required statutory <br />requirements, full and adequate notice of CWCB's claims have <br />been given in the manner required by law and no additional <br />notice needs to be given. The Court has jurisdiction over the <br />subject matter and over all persons with standing to become <br />parties in this case, whether they have appeared or not. <br /> <br />5. 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 />6 . 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 />7. 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 />8. 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 />