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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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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 4 <br />90CW308 <br />Water Div. 5 <br />District of Colorado, and W- 750 -78, District Court for Water Division No. <br />5, may result in instream flows which are insufficient to satisfy the CWCB's <br />instream flow water right described above in paragraph 3; <br />d. The CWCB's instream flow water right described above in paragraph <br />3 is not in addition to any of the minimum flow requirements contained in <br />the Englewood -USFS Stipulation; and <br />e. The CWCB's instream flow water right described above in paragraph <br />3 shall not constitute a basis for modification of the bypasses required of <br />Englewood under the Englewood -USFS Stipulation. <br />f. The CWCB acknowledges that SilverCreek's water rights decreed in <br />Case No. W -1881 (amended in Case Nos. 80CW297, 82CW43 and <br />82CW181) and Case No. 90CW136 are senior to the water rights sought by <br />the CWCB in this application. <br />g. The CWCB recognizes SilverCreelc's right of exchange when covered by <br />Green Mountain Reservoir and/or Windy Gap Project releases as set forth in <br />the decrees in Case Nos. 90CW236, 80CW297, 82CW43 and 82CW181. <br />h. Denver is the owner and user of senior water rights and owns and <br />maintains diversion structures upstream from the instream flow segment that <br />is the subject of this application. Denver's water rights are both absolute and <br />conditional. Denver diverts water from the Fraser River, either directly or <br />by exchange, under decrees entered in Civil Action Nos. 657 and 1430. The <br />CWCB recognizes and will not contest that these water rights are senior to <br />its instream flow appropriation. Nor will the CWCB oppose the perfection <br />of, or application for a finding of diligence for, these senior conditional <br />water rights. Further, the CWCB will not claim or assert injury to its water <br />rights from Denver's operation of its senior rights at the existing points of <br />diversion located upstream of this instream flow segment. Moreover,. jhe <br />CWCB will not prevent Denver's operation of its senior rights at the existing <br />points of diversion located upstream of this instream flow segment. <br />"Denver's operation" shall include any operations, maintenance, repairs, or <br />replacements of the diversion structures and their appurtenant structures, as <br />determined necessary by Denver. <br />L The CWCB shall not claim injury or any adverse affect from Denver's <br />performance under the Clinton- Fraser Agreement dated July 21, 1992. <br />
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