5-90CW308 Final Decree + Stips

• Case Number: 90CW0308
• Stream Name: Fraser River
• Water Division: 5
• Instream Flow App - Doc Type: Final Decree/Stipulations

Page 10 90CW308
Water Div. 5
being operated as alternate points of diversion for Val Moritz Well Nos. 1
through 4 when the instream flow water right decreed herein is not met.
Nothing in the CWCB's stipulation with SolVista and the District in Case
Nos. 97CW290 and 98CW97 (Consolidated) and the decree entered
therein absolves the CWCB of its responsibility to install such measuring
devices as may be required pursuant to this decree. This subparagraph is
not a subordination of the W -1748 priority of the Val Moritz Well Nos. 1
through 4; at such time, if ever, that the Applicant curtails its diversions at
the alternate points of diversion at the SilverCreek Municipal Well Nos. 5
through 10 to avoid injury to said instream flow water right during the
non - irrigation season,. then Applicant can operate the Val Moritz Well
Nos. 1 through 4 under the decree in W -1748 senior to the instream flow.
Diversions at any combination of the SilverCreek Municipal Well Nos. 5
through 10, as alternate points of diversion of the Val Moritz Well Nos. 1
through 4, will not exceed a total cumulative diversion rate of 4.4 cfs.
Denver:
j. Denver is the owner and user of senior. water rights and owns and maintains
diversion structures upstream from the instream flow segment that is the subject of
this application. Denver's water rights are .both absolute and conditional. Denver
diverts water from the Fraser River, either directly or by exchange, under decrees
entered in Civil Action Nos. _657 and 1430. The CWCB recognizes and. will not
contest that these water rights are senior to its instream flow appropriation. Nor will
the CWCB oppose the perfection of, or application for a finding of diligence for,
these senior conditional water rights. Further, the CWCB will not claim or assert
injury to its water rights from Denver's operation of its senior rights at the existing
points of diversion located upstream of this instream flow segment. Moreover, the
CWCB will not prevent Denver's operation of its senior rights at the existing points
of diversion located upstream of this instream flow segment. "Denver's operation"
shall include any operations, maintenance, repairs, or replacements of the diversion
structures and their appurtenant structures, as determined necessary by Denver.
k. The CWCB shall not claim injury or any adverse affect from Denver's
performance under*the Clinton -Fraser Agreement dated July 21, 1992.
CONCLUSIONS OF LAW
5. Incorporation of Findings of Fact: The foregoing findings of fact are incorporated
herein to the extent that they constitute conclusions of law.
6. Jurisdiction: The Referee has jurisdiction over this proceeding. The CWCB has
complied with the required statutory requirements, full and adequate notice of CWCB's
claims have been given in the manner required by law and no additional notice needs to be