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<br />Poge 3 <br /> <br />9DCW317 <br />Water Div. 5 <br /> <br />S3 T2S R76W 6PM; do'M1Stream terminus in the NW/4 SE/4 S34 TIS <br />R76W 6PM. <br /> <br />c. Amount of water appropriated: Upper segment: 11.0 c.f.s, ABSOLUTE <br />(June I - July 31); 10,0 c,f.s. ABSOLUTE (August I - September 15); 3.0 <br />c.f.s. ABSOLUTE (September 16 - May 14); 10.0 c.f.s. ABSOLUTE (May <br />15 - May 31), Lower segment: 11.0 c,f.s, ABSOLUTE (June I - July 31); <br />10,0 c.f.s. ABSOLUTE (August I - September 15); 4.5 d.s, ABSOLUTE <br />(September 16 - May 14); 10.0 c.f.s. ABSOLUTE (May 15 - May 31). <br /> <br />d. Appropriation date: November 27, 1990. The appropriation was <br />initiated and water first put to beneficial use on November 27, 1990, by <br />action of the Colorado Water Conservation Board under ~~ 37-92-102(3), <br />103(3),103(4), and 103(10), C.R.S. (1990 Repl. Vol. 15). <br /> <br />e. Use of Water: For Instream Flows to preserve the natural environment to <br />a reasonable degree. <br /> <br />CONCLUSIONS OF LAW <br /> <br />4, Jurisdiction: The Court has jurisdiction over this proceeding. The CWCB <br />has complied with the required statutory requirements, full and adequate notice of CWCB's <br />claims have been given in the manner required by law and no additional notice needs to be <br />given, The Court has jurisdiction over the subject matter and over all persons with standing <br />to become parties in this case, whether they have appeared or not. <br /> <br />5. Incorporation of Findin~s of Fact: The foregoing fmdings of fact are <br />incorporated herein to the extent that they constitute conclusions of law, <br /> <br />6. Standards and Burdens of Proof: The CWCB has complied with all <br />requirements, has met all standards and burdens of proof regarding the Board's <br />appropriation of the Instream Flow water rights requested in the Application filed in this <br />case, and is therefore entitled to a decree confmning and approving its Instream Flow water <br />rights as more fully described in paragraph 3 above. <br /> <br />JUDGMENT AND DECREE <br /> <br />7, Incorporation of Findings of Fact and Conclusion of Law: The foregoing <br />Findings of Fact and Conclusions of Law are approved and incorporated herein by <br />reference, <br /> <br />8. The Ruling of the Referee entered on April 2, 1999 is hereby modified <br />pursuant to Section 37-92-304(5), C.R.S. (1999). <br /> <br />9. Water Rights Decreed: The Court orders that, subject to the terms and <br />conditions set forth herein, the subject Application is granted and the following Instream <br />