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<br />. <br />i <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />31) and 20.0 c.f.s. (Nov. 1 through April 30), is hereby <br />awarded for the purpose of maintaining an instream flow to <br />preserve the natural environment to a reasonable degree on <br />the Big Thompson River between the upstream and downstream <br />points as described in paragraph 4 above and with an appro- <br />priation date of November 14, 1989. The priority herein <br />awarded was filed for in the water court in the year of <br />1989 and shall be administered as having been filed in that <br />year, and shall be junior to all priorities filed in previ- <br />ous years. As between all rights filed in the same calen- <br />dar year, priorities shall be determined by historical date <br />of appropriation and not affected by the date of entry of <br />ruling. The applicant shall install and maintain such mea- <br />suring devices and maintain such records as the Division <br />Engineer may require for administration of this right. <br /> <br />10. The Colorado Water Conservation Board recognizes that <br />Loveland has a decreed water right for 74 c.f.s. for the <br />Idy1wild Power Plant (General Adjudication of November 14, <br />1939, Boulder County District Court, Case No. 10077). The <br />instream appropriations applied for by the Colorado Water <br />Conservation Boa~d, and which are granted herein, shall not <br />be used, nor a call on the river made by the CWCB, pursuant <br />to the priorities granted in these cases, which would <br />interfere with the operation of the Idylwild Power Plant or <br />the exercise of the water rights decreed to its use. <br /> <br />11. The water rights decreed for diversion at Olympus Dam in <br />case number 89CW128, including the original water rights <br />included in 82CW202(A) and water rights added to the terms <br />and conditions of 82CW202(A) prior to the date the applica- <br />tion herein was filed, shall not be subject to the minimum <br />stream flows decreed herein. Any other water which may be <br />acquired by the City of Loveland and added to the terms and <br />conditions of 82CW202(A) with Olympus Dam as an alternate <br />point of diversion may be diverted at 01ympus Dam so long <br />as the operation of such diversion does not cause the flow <br />in the Big Thompson River, as measured at U.S.G.S. gauge <br />06735500 below Olympus Dam, to fall below 40 c.f.s. (May 1 <br />through October 31) and 15 c.f.s. (November 1 through April <br />30). This term and condition will be included in any <br />subsequent decree granting a point of diversion at the <br />Olympus Dam under the provisions of 82CW202(A) and 89CW128. <br /> <br />12. The appropriation herein shall be satisfied by the total <br />amount of water remaining in the stream, whether that flow <br />is attributable to this decree, or to flows required by an- <br />other agency to be left in the stream, up to the amount of <br /> <br />-3- <br />