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<br />The priority herein awarded was filed in the water court in the year of2005 and <br />shall be junior to all priorities filed in previous years. As between all rights filed in the <br />same calendar year, priorities shall be determined by historical date of appropriation and <br />not affected by the date of entry of ruling. The Applicant shall install and maintain such <br />measuring devices and keep such records as the Division Engineer may require for <br />administration of this right. <br /> <br />Terms and Conditions. <br /> <br />In applications for any type of proposed change of a senior absolute water right <br />located upstream of this instream flow water right, the CWCB may file a Statement of <br />Opposition but shall stipulate to the entry ofa decree in such application if the proposed <br />change does not increase the historic consumptive use during April I through June 15 and <br />does not increase the impact to the instream flow water right. <br /> <br />In applications for any type of proposed change ofa senior conditional water right <br />located upstream of this instream flow water right, the CWCB may file a Statement of <br />Opposition but shall stipulate to the entry of a decree in such application if the proposed <br />change does not increase the impact contemplated by the original decree to the reach of <br />Cottonwood Creek containing this instream flow water right during April I through June <br />15. <br /> <br />Pursuant to section 37-92-102(3)(b), C.R.S. (2004), this in stream flow water right <br />shall be subject to any undecreed historic water uses, including wells, being made on or <br />before the date the CWCB appropriated this instream flow water right, provided that such <br />uses are documented in writing and confirmed by the Division of Water Resources prior <br />to entry of the decree herein, <br /> <br />The CWCB recognizes the transbasin diversion by the Easton Ditch from Sheep <br />Creek, a tributary of Horsetly Creek, into the Cottonwood Creek basin. While the <br />CWCB may use water resulting from this transbasin diversion to preserve the natural <br />environment to a reasonable degree, the CWCB shall not be entitled to place a call <br />against the transbasin diverter for such water or to assert injury to this instream flow <br />water right if an application is filed for any type of change to the Easton Ditch.. <br /> <br />The CWCB shall set aside up to 1.575 acre-teet of the de minimis allowance for <br />this instream flow water right to allow for up to 100 new future undecreed domestic <br />wells. As used herein, the de minimis allowance for an instream flow water right means <br />a depletive effect of one percent of the decreed in stream flow amount on the stream reach <br />subject of the instream flow water right. <br /> <br />It is accordingly ORDERED that this Ruling shall be filed with the water clerk <br />subject to judicial review, <br />