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Page 2 90CW308 <br />Water Div. 5 <br />a. Notice and Jurisdiction: The CWCB filed the above entitled Application with <br />the Court on December 28, 1990. The case was referred to the Water Referee for <br />Water Division No. 5 in accordance with the provisions of C.R.S. § 37 -92 -101, et <br />seq. (1990 Repl. Vol. 15). <br />Timely and adequate notice of this proceeding has been given in the manner <br />required by law. The Court has jurisdiction over the subject matter of this <br />proceeding and over all who have standing to appear as parties, whether they have <br />appeared or not. <br />b. Statements of Opposition: A Statement of Opposition was filed by the <br />SilverCreek Water and Sanitation District; by Plaza Resources Company; by the <br />Middle Park Water Conservancy District; by the Hurd Creek Ranch; by the Town of <br />Granby; by the City of Englewood; and by the City and County of Denver acting by <br />and through its Board of Water Commissioners. Young Life filed a Motion to <br />Intervene on October 29, 1993. The Court granted the Motion on November 24, <br />1993. In January 1996, the Court substituted SilverCreek Holding Co. for Objector <br />Plaza Resources Company, and on January 29, 2001, the Court substituted SolVista, <br />Inc. for Objector SilverCreek Holding Co. No other Statements of Opposition have <br />been filed and the time for filing such statements has now expired. <br />c. Summary of Consultation: On April 19, 1991, the Division Engineer for Water <br />Division No. 5 submitted a Summary of Consultation stating that the Application <br />appears to be adequate and recommending that the Application should be issued by <br />the Referee as a ruling. The Referee has given this recommendation due <br />consideration. <br />d. Resolution of Statements of Opposition: All parties filing Statements of <br />Opposition have either reached Stipulations with CWCB, withdrawn their <br />Statement of Opposition, or otherwise approved the terms contained herein. <br />3. Requested Water Right: The CWCB appropriated the instream flow water right <br />more fully described as follows: <br />a. Source: The source of the water is the Fraser River. <br />b. Location: Legal description of the stream segment through which an instream <br />flow is claimed: The natural stream channel from the confluence with Ranch Creek <br />in NW /4 NE /4 S1 T1S R76W 6PM as the upstream terminus and extending to the <br />confluence with Crooked Creek as the Upper Segment and from the confluence with <br />Crooked Creek to the confluence with the Colorado River at latitude 40o0601" <br />North and longitude 10558'25" West as the Lower Segment and downstream <br />terminus, being a total distance of approximately 13.9 miles. This segment can be <br />