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<br />. <br /> <br />. <br /> <br />90CW304 <br />Water Div, 5 <br /> <br />JUDGMENT AND DECREE <br /> <br />8, Incorporation of Findinos 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 />9, Water Riohts 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 />10.0 c.f.s. ABSOLUTE (May 15 - September 15); <br />3.0 c.f,s, ABSOLUTE (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 St, Louis 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 />The priority herein awarded was filed in the Water Court <br />in the year of 1990 and shall be junior to all priorities <br />filed in previous years, As between all rights filed in the <br />same calendar year, priorities shall be determined by <br />historical date of appropriation and not affected by the date <br />of the entry of this ruling. <br /> <br />10, The CWCB shall install and maintain such measuring <br />devices and maintain such records as the Division Engineer may <br />require for administration of this Instream Flow water right, <br /> <br />IT IS Ordered that this Ruling shall be filed with the <br />Water Clerk and shall become effective upon such filing, <br />subject to judicial review pursuant to ~ 37-92-304, 15 C,R,S. <br />(1990) , <br /> <br />IT IS Further Ordered that a copy of the Judgment and <br />Decree shall be filed with the State Engineer and the Division <br />Engineer for Water Division No, 5. <br /> <br />Dated this <br /> <br />day of <br /> <br />, 1998, <br /> <br />BY THE REFEREE: <br /> <br />Robert Cutter <br />Water Referee <br />Water Division No, 5 <br />