Laserfiche WebLink
Page 5 <br />CONCLUSIONS OF LAW <br />90CW308 <br />Water Div. 5 <br />5. Incorporation .of Findings of Fact: The foregoing findings of fact-:are... <br />incorporated herein to the extent that they constitute conclusions of law. <br />6. Jurisdiction: The Referee has jurisdiction over this proceeding. The CWCB, <br />has complied with the required statutory requirements, full and adequate notice of CWCB's <br />claims have been given in the manner required by law and no additional notice needs to be <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 <br />requirements, has met all standards and burdens of proof regarding the Board's <br />appropriation of the Instream Flow water rights requested in the Application filed in this <br />case, and is therefore entitled to a Ruling confirming and approving its Instream Flow water <br />rights as more fully described in paragraph 3 above. <br />JUDGMENT AND DECREE <br />8. Incorporation of Findings of Fact and Conclusion of Law: The foregoing <br />Findings of Fact and Conclusions of Law are approved and incorporated herein: by <br />reference. <br />9. Water Rights Decreed: The Referee rules and orders that subject to the <br />terms and conditions set forth herein, the subject- Application is granted and the following <br />instream flow water right is hereby ordered, adjudged and decreed: <br />Upper Segment - 17.0 c.f.s. ABSOLUTE (May 15 - September 15); 11.0 <br />c.f.s. ABSOLUTE (September 16 - May 14); <br />Lower Segment - 30.0 c.f.s. ABSOLUTE (May 15 - September 15); 19.0 <br />c.f.s. ABSOLUTE (September 16 - May 14); <br />for the purpose of maintaining an instream flow to preserve the natural <br />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 />