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90CW294 Water Div. 5 are approved and incorporated herein by reference. 9. Water Riqhts Decreed: The Referee Rules and Orders that subject to the terms and conditions set forth herein, the subject Application is granted and the following Instream Flow water right is hereby ordered, adjudged and decreed: 4.0 c.f.s. ABSOLUTE (April 1 - August 31); 2.0 c.f.s. ABSOLUTE (September 1 .. March 31) for the purpose of maintaining an Instream Flow to preserve the natural environment to a reasonable degree in Tenmile Creek between the upstream and downstream termini as described above in paragraph 3 with an appropriation date of November 27, 1990. The priority herein awarded was filed in the Water Court in the year of 1990 and shall be junior to all priorities filed in previous years. As between all rights filed in the same calendar year, priorities shall be determined by historical date of appropriation and not affected by the date of the entry of this ruling. 10. The CWCB shall install and maintain such measuring devices and maintain such records as the Division Engineer may require for administration of this Instream Flow water right. IT IS Ordered that this Ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to & 37-92-304, IS C.R,S. (1990) . IT IS Further Ordered that a copy of the Judgment and Decree shall be filed with the State Engineer and the Division Engineer for Water Division No.5. Dated this 28 ',;o~y 01 tl"lG foregoinlJ mailed to aU CQ~~Sf)t2cO~~j~'IV<<t~ ~'~IiHl- ,'--~)'./ t=n~lnt!-~r-:J.;f 1 (/ Sl~J-<l1,q\" '""ee":'yC.....lG.t. flt- .' _2_ ~,,'-.~,~ ''''r'~;' C'I~-'~; .::\...;.~' 1';:\1 tl~-5...----._--- \, Kowalski Beaton Balcomb day of AiJiWst 199~. BY THE.REF~E: (I/'C/'(/ ( I(Lf~~ jJ VRobert Cut' er Water Referee Water Division No. 5