5-90CW308 Final Decree + Stips

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

e. The CWCB's Instream Flow water right described
above in paragraph 3 shall not constitute a basis
for modification of the bypasses, required of
Englewood under the Englewood -USrS Stipulation.
CONCLUSIONS OF LAW
5. Jurisdiction: The Rte. :ree 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 given. The Court has
jurisdiction over the subject matter and over all persons with
standing to become parties in this case, whether they have
appeared or not.
6. Incorporation of Findings of Fact: The foregoing
findings of fact are incorporated herein to the extent that
they constitute conclusions of law.
7. Standards and Burdens of Proof: The CWCB has
complied with all requirements, has met all standards and
burdens of proof regarding the Board's appropriation of the
Instream Flow water rights requested in the Application filed
in this case, and is therefore entitled to a Ruling confirming
and approving its Instream Flow water rights as more fully
described in paragraph 3 above.
JUDGMENT AND DECREE
I 8. Incorporation of Findings of Fact and Conclusion of
Law: The roregoing F111dings 01' Fact and Co cl of La, -:
are approved and incorporated herein by reference.
9. Water Rights Decreed: The Referee Rules and Orders
that subject to the terms and conditions set forth herein, the
,subject Application is granted and -he following lnstr am Flow
water right is hereby ordered, adjudged and decreed:
30.0 c.f.s. ABS01 -1 :E , April 15 - September 30);
19.0 c.f.s. ABSOiJTz' ;October 1 - April 14).
for the purpose of maintaining an Instream Flow to
preserve the natural environment to a reasonable
degree in the Fraser River between the upstream and
downstream termini as described above in paragraph
3 with an appropriation date of ..,vember 27, 1990.
The priority herein awarded was filed ".he Water Court
in the year of 1990 and shall be junior all priorities
a