5-90CW308 Final Decree + Stips

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

Page 2
90CW308
Water Div. 5
with the Court on December 28, 1990. The case was referred to the Water
Referee for Water Division No. 5 in accordance with the provisions of
C.R.S. § 37 -92 -101, et seq. (1990 Repl. Vol. 15).
Timely and adequate notice of this proceeding has been given in the manner
required by law. The Court has jurisdiction over the subject matter of this
proceeding and over all who have standing to appear as parties, whether they
have appeared or not.
b. Statements of Opposition: A Statement of Opposition was filed by the
SilverCreek Water and Sanitation District; by Plaza. Resources Company; by
the Middle Park Water Conservancy District; by the Hurd Creek Ranch; by
the Town of Granby; by the City of Englewood; and by the City and County
of Denver acting by. and through its Board of Water Commissioners. Young
Life filed a Motion to Intervene on October 29, 1993. The Court granted the
Motion on November 24, 1993. In January 1996, the Court substituted
SilverCreek Holding Co. for Objector Plaza Resources Company, and on
January 29, 2001, the Court substituted SolVista, Inc. for Objector
SilverCreek Holding Co. No other Statements of Opposition have been
filed and the time for filing such statements has now expired.
c. Summary of Consultation: On April 19, 1991, the Division Engineer for
Water Division No. 5 submitted a Summary of Consultation stating that the
Application appears to be adequate and recommending that the Application
should be issued by the Referee as a ruling. The Referee has given this
recommendation due consideration.
d. Resolution of Statements of Opposition: All parties filing Statements of
Opposition have either reached Stipulations with CWCB, withdrawn their
Statement of Opposition, or otherwise approved the terms contained "herein.
3. Requested Water Right: The CWCB appropriated the instream flow water
right more fully described as follows:
a. Source: The source of the water is the Fraser River.
b. Location: Legal description, of the stream segment through which an
instream flow is claimed: The natural stream channel from the confluence
with Ranch Creek in NW /4 NE /4 S1 T1S R76W 6PM as the upstream
terminus and extending to the confluence with Crooked Creek as the Upper
Segment and from the confluence with Crooked Creek to the confluence
with the Colorado River at latitude 400601" North and longitude
105058'25" West as the Lower Segment and downstream terminus, being a