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" 9. CWCB recognizes that in the event water rights claimed by Dennis O'Neill and East Twin Lakes Ditches and Water Works that would otherwise have been senior to the CWCB water rights decreed herein but that are currently listed as abandoned are found not to be abandoned, said water rights shall be senior in priority to the CWCB water rights decreed herein. 10, In the event that Dennis O'Neill and/or East Twin Lakes Ditches and Water Works pursues litigation to have the water rights that were found abandoned in Case No. 84CW132 removed from the abandonment list, the CWCB agrees not to participate in such litigation. , THE WATER REFEREE RULES: The application is granted and a decree (ABSOLUTE) in the amount of 1.5 c.f.s. (May 15 - October 14)); 0.5 c.f.s. (October 15 - February 14); .35 c.f.s. (February 15 - April 14)); 0.5 c.f.s. (April 15 - May 14) is hereby entered to preserve the natural environment to a reasonable degree through the upstream and downstream points as described in paragraph 4. The appropri- ation date for this water right is May II, 1998. The priority herein awarded was filed in the water court in the year of 1998 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 entry of ruling. The Applicant shall install and maintain such measuring devices and keep such records as the Division Engineer may require for administration of this right. Objector East Twin Lakes Ditches and Water Works has claimed a preexisting use on Boswell Gulch. In order to settle Objector East Twin Lakes Ditches and Water Works' claim, the CWCB agrees to subordinate its instream flow rights in Case Nos. 98CW147, 98CW163, and 98CW164, Division 2, for domestic and mining purposes, to Objector East Twin Lakes Ditches and Water Works in the amount of 100 acre-feet of water, as follows: The CWCB agrees that, during the month of June only, East Twin Lakes Ditches and Water Works is entitled to divert from either Willis Gulch, Boswell Gulch, Cache Creek, or some combination of these streams, without regard for the CWCB's instream flow rights in Case Nos. 98CW147, 98CW163, and 98CW164, Division 2, a total of 100 acre-feet of water, for domestic and mining purposes; provided, however, that East Twin Lakes Ditches and W ater Works may so divert from Willis Gulch, Boswell Gulch, or Cache Creek only if water is not physically available for diversion from Flume Creek. It is accordingly ORDERED that this Ruling shall be filed with the water clerk subject to judicial review. 3