5-90CW308 Final Decree + Stips

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

Page 3
90CW308
Water Div. 5
total distance of approximately 13.9 miles. This segment can be located on
the Fraser, Granby.and Strawberry Lake U.S.G,S. quadrangles..
Administration: For the stream segments in an unsurveyed area, the
Division Engineer has determined for administrative purposes that the
approximate legal description of the instream flow terminus as protracted
from U.S.G.S. mapping is as follows: downstream terminus in the SWA
SWA S25 T2N R77W 6PM.
c. Amount of water appropriated:
Upper Segment - 17.0 c.f.s. ABSOLUTE (May 15 - September 15); 11.0
c.f.s. ABSOLUTE (September 16 - May 14).
Lower Segment - 30.0 c.f.s: ABSOLUTE (May 15 - September 15); 19.0
c.f.s. ABSOLUTE (September 16 - May 14).
d. Appropriation date: November 27, 1990. The appropriation was
initiated and water first put to beneficial use on November 27, 1990, by
action of the Colorado Water Conservation Board under §§ 37- 92- 102(3),
103(3),103(4), and 103(10), C.R.S. (1990 Repl. Vol. 15).
e. Use of Water: For instream flows to preserve the natural environment to
a reasonable degree.
4. Proposed terms and conditions: The following shall be the terms and .
conditions of this decree:
a. The Englewood Cabin- Meadow Creels Diversion and Storage
System, based upon water rights originally adjudicated in CA657, Grand
County District Court, and further defined in Consolidated Civil Case Nos.
2782, 5016, and 5017, United States District Court for the District of
Colorado, and W- 750 -78, District Court for Water Division No. 5, are senior
to the CWCB's instream flow water right described above in paragraph 3;
b. Certain bypasses are made by Englewood in order to comply with
Englewood -USFS Stipulation minimum flow requirements in Meadow
Creek, Hamilton Creek, and Cabin Creek;
C. The operation of the Englewood Cabin- Meadow Creel, Diversion
and Storage System, pursuant to the water rights originally adjudicated -in-_. -•
CA657, Grand County District Court, and further defined in Consolidated
Civil Case Nos. 2782, 5016, and 5017, United States District Court for the