5-90CW308 Final Decree + Stips

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

Page 4
90CW308
Water Div. 5
District of Colorado, and W- 750 -78, District Court for Water Division No.
5, may result in instream flows which are insufficient to satisfy the CWCB's
instream flow water right described above in paragraph 3;
d. The CWCB's instream flow water right described above in paragraph
3 is not in addition to any of the minimum flow requirements contained in
the Englewood -USFS Stipulation; and
e. The CWCB's instream flow water right described above in paragraph
3 shall not constitute a basis for modification of the bypasses required of
Englewood under the Englewood -USFS Stipulation.
f. The stipulation between the CWCB, SolVista, Inc. and the
SilverCreek Water and Sanitation District is incorporated herein by this
reference.
g. Denver is the owner and user of senior water rights and owns and
maintains diversion structures upstream from the instream flow segment that
is the subject of this application: - Denver's water rights are both absolute and
conditional. Denver diverts water from the Fraser River, either directly or
by exchange, under decrees entered in Civil Action Nos. 657 and 1430. The
CWCB recognizes and will not contest that these water rights are senior to
its instream flow appropriation. Nor will the CWCB oppose the perfection
of, or application for a finding .of diligence for, these senior conditional
water rights. Further, the CWCB will not claim or assert injury to its water
rights from Denver's operation of its senior rights at the existing points of
diversion located upstream of this instream flow segment. Moreover, the
CWCB will not prevent Denver's operation of its senior rights at the existing
points of diversion located upstream of this instream flow segment.
"Denver's operation" shall include any operations, maintenance, repairs, or
replacements of the diversion structures and their appurtenant structures, as
determined necessary by Denver.
h. The CWCB shall not claim-injury or any adverse affect from Denver's
performance under the Clinton - Fraser Agreement dated July 21, 1992.
CONCLUSIONS OF LAW
5. Incorporation of Findings of Fact: The foregoing findings of fact are
incorporated herein to the extent that they constitute conclusions of law.
6. Jurisdiction: The Referee has jurisdiction over this proceeding. The CWCB
has complied with the required statutory requirements, full and adequate notice of CWCB's