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<br />. <br /> <br />. <br /> <br />. 90CW313 <br />Water Div. 5 <br /> <br />are approved and incorporated he~ein by reference. <br /> <br />9. 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 />4.5 <br />2.0 <br />0.75 <br />2.0 <br /> <br />c.Ls. <br />c. L s. <br />c. Ls. <br />c. L s. <br /> <br />ABSOLUTE <br />ABSOLUTE <br />ABSOLUTE <br />ABSOLUTE <br /> <br />(May 1 - August 31); <br />(September 1 - October 31) ; <br />(November 1 - March 31); <br />(April 1 - April 30) . <br /> <br />for the purpose of maintaining an Instream Flow to <br />preserve the natural environment to a reasonable <br />degree in Cabin 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 Eeffective upon such filing, <br />subject to judicial review pursu~nt 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 />