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<br />.' <br />-' <br /> <br />. <br /> <br />. <br /> <br />0.25 c.f.s. (October 1 - April 30) is hereby awarded for the pur- <br />pose of maintaining an instream flow to preserve the natural en- <br />vironment to a reasonable degree in Poose Creek between the <br />upstream and downstream points as described in paragraph 4 above, <br />with an appropriation date of September 16, 1992. The priority <br />herein awarded was filed in the water court in the year of 1992 <br />and shall be administered as having been filed in that year, and <br />shall be junior to all priorities filed in previous years. As <br />between all rights filed in the same calendar year, priorities <br />shall be determined by historic date of appropriation and not be <br />affected by the date of entry of ruling. The Applicant shall <br />install and maintain such measuring devices and maintain such re- <br />cords as the Division Engineer may require for administration of <br />this right. <br /> <br />The Referee finds that the objections to the Application <br />which were provided to him orally by the remaining Objector do <br />not provide any legal basis to deny this Application. See, <br />section 37-92-102(3)9d), 15 C.R.S. (1990); People v. Emm-ert, 597 <br />P.2d 1025, 1026 (Colo. 1979). It is accordingly ORDERED that <br />this Ruling shall be filed with the Water Clerk subject to Judi- <br />cial review. <br /> <br />It is further ORDERED that a copy of this Ruling shall be <br />filed with the Division 6 Engineer and the State Engineer. <br /> <br />DATED this /;?~day of August, 1994. <br /> <br />BY THE REFEREE: <br /> <br /> <br />\ ~P:+{- <br />Daniel R. Birch <br />Water Referee <br />Water Division No.6. <br />State of Colorado <br /> <br />-4- <br />