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) 7. The water was first applied to the above beneficial use on May 11, 1998, by action of the Colorado Water Conservation Board under the provision of C.R.S. SS 37-92-102(3), 37-92-103(3), (4), (10). 8. Amount of water claimed (ABSOLUTE): Instream flow 00.0 c.f.s. (June 1 - October 31); 1.50 c.f.s. (November! - December 31); l.Oc.f.s. (January 1- March 31); l.5 c.f.s. (Aprill-May31). 9. CWCB recognizes that in the event water rights claimed by Dennis O'Neill and East Twin Lakes Ditches and Water Works that would otherwise have been senior to the CWCB water rights decreed herein but that are currently listed as abandoned are found not to be abandoned, said water rights shall be senior in priority to the CWCB water rights decreed herein. 10. 'In the event that Dennis O'Neill and/or East Twin Lakes Ditches and Water Works pursues litigation to have the water rights that were found abandoned in Case No. 84CW132 removed from the abandonment list, the CWCB agrees not to participate in such , litigation. THE WATER REFEREE RULES: The application is granted and a decree (ABSOLUTE) in the amount oB,O c.f.s. (June 1 - October 31); 1.50 c.f.s. (November 1 - December31); 1.0 c,f.s. (January I-March 31); 1.5 c,f.s, (April 1 - May 31) is hereby entered to preserve the natural environment to a reasonable degree through the upstream and downstream points as described in paragraph 4. The appropri- ation date for this water right is May 11, 1998. The priority herein awarded was filed in the water court in the year of 1998 and shall be junior to all priorities filed in previous years. As between all rights filed in the s8l:J:).e calendar year, priorities shall be determined by historical date of appropriation and not affected by the date of entry of ruling. The Applicant shall install and maintain such measuring devices and keep such records as the Division Engineer may require for administration ofthis right. Objector East Twin Lakes Ditches and Water Works has claimed a preexisting use on Willis Gulch. In order to settle Objector's claim, the CWCB agrees to subordinate its instream flow rights in Case Nos. 98CW147, 98CW163, and 98CW164, Division 2, to Objector East Twin Lakes Pitches and Water Works in the amount of 100 acre-feet of water, for domestic and mining purposes, as follows: The CWCB agiees that, during the month of June only, East Twin Lakes Ditches and Water Works is entitled to divert from either Willis Gulch, Boswell Gulch, Cache Creek, or some combination Qfthese streams, without regard for the CWCB's instream flow rights in Case Nos. 98CW147, 98CW163, and 98CW164, Division 2, a total of 100 acre-feet of water, for domestic 3