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. . . . No. 87CW264 Colorado Water Cons. Board Joe ~9ht Creek (Oct. 1 through March 31), all absolute. ~9. The existence of this minimum streamflow water right is not intended to give either the CWCB or any other agency of the state or federal government, or any other person, any right whatsoever to require Fort Collins to release from or pass through Joe Wright Reservoir any water which has been or is being lawfully stored therein, at any specific time or flow rate. Ad- ditionally, the existence of this minimum streamflow water right shall not be construed in any manner which would prevent the operation of any exchange or alternate point of diversion involv- ing Joe Wright Reservoir which was decreed prior to December II, 1987. J 10. Pursuant to ~ 37-92-102(3)(a), C.R.S. (1992), this minimum streamflow appropriation is based, at least partially, upon water imported from one division to another by some other appropriator. Therefore, this appropriation shall not, as against the appropriator of such imported water, constitute a claim, bar, or use for any purpose whatsoever. 11. Joe Wright Reservoir was constructed several years before the appropriation date for the minimum streamflow water right. The outlet structure for Joe Wright Reservoir is con- structed in a manner that does not allow water to be released under freezing conditions. Because of the altitude and exposure of Joe Wright Reservoir, freezing conditions commonly occur from late in October until early to mid-June. The actual operating history of Joe Wright Reservoir has necessitated closing the outlet gates once freezing occurs, and leaving them closed until the spring thaw is completed. The objector has supplied the CWCB with an affidavit which substantiates this historic practice. This practice is recognized pursuant to ~ 37-92-102(3)(b), C.R.S. (1992) and as a result, this minimum streamflow water right will not require releases from Joe Wright Reservoir at any time when the outlet structure cannot reasonably be operated because be- cause of freezing conditions, or require reconstruction of the outlet structure in any manner to provide for releases under freezing conditions. The Referee rules that this application should be granted and an absolute decree for 5.0 c.f.s. (April 1 through Sept. 30) and 2.0 c.f.s. (Oct. 1 through March 31), is hereby awarded for the purpose of maintaining an instream flow to preserve the natu- ral environment to a reasonable degree on Joe Wright Creek be- -3-