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<br />.. <br /> <br />.. <br /> <br />degree pursuant to S 37-92-102 and 103, C.R.S. (1973 <br />& 1989 Supp.). No diversion of the water right <br />herein will be made from the natural stream channel. <br /> <br />12. The instream flow water right awarded herein shall be <br />subject to AWD's practice of measuring and administering its own <br />water rights at points upstream of the decreed points of diver- <br />sion, as said practice was in existence on May 11, 1989, the date <br />of the CWCB's appropriation. <br /> <br />13. The applicant shall install and maintain such mea- <br />surements devices and maintain such records as the Division Engi- <br />neer may require for administration of this right. <br /> <br />CONCLUSIONS OF LAW <br /> <br />14. The court has jurisdiction over the parties, over the <br />subject matter of this application, and over water users who may <br />be affected, whether they have appeared or not. <br /> <br />JUDGMENT AND DECREE <br /> <br />15. The provlslons of paragraphs 1 through 14 are <br />incorporated herein and made a part of this court's judgment and <br />decree as if set out in full. <br /> <br />16. The application in this matter is hereby approved, <br />subject to the terms and conditions set forth in this decree. <br /> <br />17. The priority herein awarded, said Cottonwood Creek <br />instream flow, was filed in the water court in the year of 1989 <br />and shall be administered as having been filed in that year; and <br />shall be junior to all priorities filed in previous years. As <br />between all rights filed in the same calendar year, priorities <br />shall be determined by historical dates of appropriation and not <br />affected by the date of entry of ruling. <br /> <br />DATED this o;1!JJ day of !7vv,7/17&Y' 1990. <br /> <br />-3- <br />