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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 i;>f the CWCB's instream flow water rights <br />on Fourmile 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 Fourmile <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 8.2c.f.s. (April <br />15 - October 14); and 4.9 c.f.s. (October 15 - April 14) is hereby entered to preserve the natural <br />environment to a reasonable degree through the upstream and downstream points as described in <br />paragraph 4, subject to the terms and conditions set forth in paragraph 9. . The appropriation dates <br />fodhis water right are January 26, 2000 for 8.2 d.s. (April 15 - October 14) and 4.1 c.f.s. <br />. . <br />(October 15 - April14), and September 26,2000 for .8 c.f.s. (October 15 - April 14). <br /> <br />. The priority herein awarded was.fi1ed in the water court in the year of2000 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 />judicial review. <br /> <br />It is further ORDERED that a copy of this Ruling spall be filed with the Division <br />Engineer and the State Engineer. <br /> <br />Dated this ,y~ day of ~ ~",'>."",,-,,,,,,,- '" ..200l. <br /> <br />BY THE REFEREE: <br /> <br />~~~<--R0b,",,~c: <br />Mardell R; Cline . <br />Water Referee <br />Water Division No.2 <br />State of Colorado <br /> <br />4 <br />