5-08CW097 Final Decree/Stipulations

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�- 10. Amount of water claimed (ABSOLUTE): instream flow of 0.45 cfs (April 1 — September 30). 11. The Colorado Water Conservation Board has an existing instream flow water right on Beaver Creek from the confluence with an unnamed tributary to the confluence with the Colorado River, in the amount of 1.5 cfs (1 /1- 12/31), decreed in case 5- 86CW206 with an appropriation date 3/14/1986. The flow rates decreed herein are in addition to the amount of the existing instream flow right. CONCLUSIONS OF LAW 12. Notice and Jurisdiction. The Water Court for Division 5 has jurisdiction over the subject matter of these proceedings and over all persons, owners of property and water rights that may be affected hereby, whether or not they have chosen to appear. The application in this matter and the resume publication of the application placed such persons on notice of the relief requested by the application and granted by this decree. § §37 -92 -203 and 302 C.R.S. (2008). 13. The CWCB has fulfilled all legal requirements for a decree for water rights including §§ 37 -92 -302, 304 and 305, C.R.S. (2008). 14. Burden of Proof. The CWCB has complied with all requirements, has met all standards and burdens of proof to adjudicate the water rights requested in the Application and is therefore entitled to a decree approving the requested water rights. JUDGMENT AND DECREE 15. The foregoing Findings of Fact and Conclusions of Law are hereby approved and incorporated as the Judgment and Decree of the Court by this reference. 16. The Application is granted and the Court hereby approves and decrees the absolute water rights described herein, in the amount 0.45 cfs (April 1 — September 30) in order to preserve the natural environment to a reasonable degree in the reach of Beaver Creek between the upstream and downstream terminus points described in paragraph 7 above. The appropriation date for this water right is January 23, 2008, 17. The priority herein awarded was filed in the water court in the year of 2008 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 the 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.