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<br />. <br /> <br />. <br /> <br />The Referee finds that this application should be granted, <br />and an absolute decree for 3.0 c.f.s. (April 1 - July 31), 1.5 <br />c.f.s. (August 1 - November 15); 1.0 c.f.s. (November 16 - Febru- <br />ary 29); 1.5 c.f.s. (March 1 - March 31) is hereby awarded for <br />the purpose of maintaining an instream flow to preserve the natu- <br />ral environment to a reasonable degree in Beaver Creek between <br />the upstream and. downstream points as described in paragraph 4 <br />above, with an appropriation date of September 16, 1992. The <br />priority herein awarded was filed in the water court in the year <br />of 1992 and shall be administered as having been filed in that <br />year, and shall be junior to all priorities filed in previous <br />years. As between all rights filed in the same calendar year, <br />priorities shall be determined by historic date of appropriation <br />and not be affected by the date of entry of ruling. The Appli- <br />cant shall install and maintain such measuring devices and main- <br />tain such records as the Division Engineer may require for admin- <br />istration of this right. <br /> <br />The Referee finds that the objections to the Application <br />which were provided to him orally by the remaining Objector do <br />not provide any legal basis to deny this Application. See, <br />section 37-92-102(3)9d), 15 C.R.S. (1990); People v. Emmert, 597 <br />P.2d 1025, 1026 (Colo. 1979). It is accordingly ORDERED that <br />this Ruling shall be filed with the Water Clerk subject to Judi- <br />cial review. <br /> <br />It is further ORDERED that a copy of this Ruling shall be <br />filed with the Division 6 Engineer and the State Engineer. <br /> <br />DATED this /.:? tlday of August, 1994. <br /> <br />BY THE REFEREE: <br /> <br />~ ( ~\L-vt <br /> <br />Daniel R. Birch <br />Water Referee <br />Water Division No. 6 <br />'State of, Colorado <br /> <br />- <br /> <br />-4- <br />