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<br />providing that the CWCB will not object to the entry of decrees in those <br />cases if said decrees contain certain terms and conditions set forth in the <br />stipulations that are protective of the CWCB' s instream flow water rights <br />on Founnile Creek decreed in Case No, 95CW233. <br /> <br />ii. The CWCB agrees and acknowledges that its 2000 appropriations <br />on Fourmile Creek and Oil Creek are junior to the City's appropriations <br />and exchanges applied for in Case Nos, 96CW233 and 98CW174, and <br />the City agrees to not enter statements of opposition or object to the <br />entry of decrees for the CWCB's 2000 appropriations on Fommile <br />Creek and Oil Creek. <br /> <br />THE WATER REFEREE RULES: <br /> <br />The application is granted and a decree (ABSOLUTE) in the amount of 5,8 c.f.s, (April <br />15 - October 14); and 2,75 c.f,s. (October 15 - April 14) is hereby entered to preserve the <br />natural environment to a reasonable degree through the upstream and downstream points as <br />described in paragraph 4, subject to the terms and conditions set forth in paragraph 9. The <br />appropriation date for this water right is January 26,2000. <br /> <br />The priority herein awarded was filed in the water court' in the year of 2000 and shall be <br />junior to all priorities filed in previous years, As between all rights filed in the same calendar . <br />year, priorities shall be determined by historical date of appropriation and not affected by the <br />date of entry of ruling. The Applicant shall install and maintain such measuring devices and <br />keep such records as the Division Engineer may require for administration of this right. <br /> <br />It is accordingly ORDERED that this Ruling shall be filed with the water clerk subject to <br />. . <br />judicial review. <br /> <br />It is further ORDERED that a copy of this Ruling shall be filed with the Division <br />Engineer and the State Engineer. <br /> <br />Dated this <br /> <br />day of <br /> <br />,2001. <br /> <br />BY THE REFEREE: <br /> <br />Mardell R. Cline <br />Water Referee <br />Water Division No.2 <br />State of Colorado <br /> <br />4 <br />