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5-90CW308 Final Decree + Stips
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5-90CW308 Final Decree + Stips
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Last modified
4/15/2016 11:33:43 PM
Creation date
3/27/2013 12:09:34 PM
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Template:
Instream Flow Appropriations
Case Number
90CW0308
Stream Name
Fraser River
Water Division
5
Instream Flow App - Doc Type
Final Decree/Stipulations
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Page 11 90CW308 <br />Water Div. 5 <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 />7. Standards and Burdens of Proof. The CWCB has complied with all requirements, <br />has met all standards and burdens- of proof regarding the Board's appropriation of the <br />Instream Flow water rights requested in the Application filed in this case, and is therefore <br />entitled to a Ruling confirming and approving its Instream Flow water rights as more fully <br />described in paragraph 3 above. <br />JUDGMENT AND DECREE <br />8. Incorporation of Findings of Fact and Conclusion of Law: The foregoing Findings <br />of Fact and Conclusions of Law are approved and incorporated herein by reference. <br />9. Water Rights Decreed: The Referee rules and orders that subject to the terms and <br />conditions set forth herein, the subject Application is granted and the following instream <br />flow water right is hereby ordered, adjudged and decreed: <br />Upper Segment - 17.0 c.f.s. ABSOLUTE (May 15 - September 15); 11.0 c.f.s. <br />ABSOLUTE (September 16 - May 14); <br />Lower Segment - 30.0 c.f.s. ABSOLUTE (May 15 - September 15);. <br />s: 19.0 c.f.s. ABSOLUTE (September 16 - May 14); <br />for the purpose of maintaining an instream flow to preserve the <br />natural environment to a reasonable degree in the Fraser River between the <br />upstream and downstream termini as described above in paragraph 3 with an <br />appropriation date of November 27, 1990. <br />The priority herein awarded was filed in the Water Court in the year of 1990 and <br />shall be' junior to all priorities filed in previous years. As between all rights filed in the <br />same calendar year, priorities shall be determined by historical date of appropriation and not <br />affected by the date of the entry of this ruling. <br />10. The CWCB shall install and maintain such measuring devices and maintain such <br />records as the Division Engineer may require for administration of this instream flow water <br />right. <br />IT IS Ordered that this Ruling shall be filed with the Water Clerk and shall become <br />effective upon such filing, subject to judicial review pursuant to § 37 -92 -304, C.R.S. <br />(2002). <br />
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