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..... '--' ,; . . (IV) Colorado Water Conservation Board Ruling of Referee Page No. 2 B5CW261 9. The water was first applied to the above beneficial use on May 3,'? 1985, by action of the Colorado Water Conservation Board under the provisions of C.R.S. 37-92-102(3), 37-92-103(3), (4), (10). The Referee does therefore conclude that the above entitled Application shoul d be granted and that 7.50 cubi r. "",,,,,t-of water per second of time are hereby awarded for the purpose of maintaining a minimum stream flow as required to preserve the natural environment to a reasonable degree on Derby Creek, between the beginning and end points as described in paragraph 5 above, with appropriation date of May 3, 1985, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and chan~es of rights in accordance with law; and provided that the Applicant hereln shall construct and maintain at its expense a suitable measuring device or gauging station as approved by the State Engineer or his representative for the purpose of administering this water right as required by law. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated HAI1l/ALt .24, I'f~t:. BY THE REFEREE: Copy of the foreggjng melle~~ Counsel of record..L.Wa~ Referee~Div, EJl!Iin..~ ,f',dii-, ~~/'~ ~y C;rk. We Oiv. No.5 K~ feree Division No. 5 of Colorado No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this court. Dated Water Judge