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 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.
SolVista, Inc. and SilverCreek Water and Sanitation District
f. SolVista* and the District are the co- owners of the following water rights:
the water rights decreed to the four Val Moritz wells in Case No. W -1748 on
August 24, 1973 with appropriation dates of December 28, 1972; the
augmentation plan decreed in Case No. W -1881 on August 1, 1974 and amended
in Consolidated Case Nos. 80CW297, 82CW043 and 82CW181 on April 19, 1984
adjudicating 400 acre feet per year of historic consumptive -use credits; the water
rights described in said Case No. W -1881; and the exchanges decreed in Case No.
90CW236, including a 1.0 cfs absolute exchange right from Green Mountain
Reservoir to the four Val Moritz wells with an appropriation date of December 18,
1972; and a 5.0 cfs exchange right (1.78 cfs absolute and 3.22 cfs conditional)
utilizing Windy Gap water from Granby Reservoir or Gunsight Pass Reservoir to
said- four wells with an appropriation date of July 11, 1990. SolVista also owns
the following water rights: Lake Val Moritz conditionally decreed in Case No. W-
2119 for 520 acre feet of water for municipal, commercial, industrial, domestic,
irrigation, recreation, snowmaking, fish and wildlife propagation and all other
beneficial purposes with an appropriation date of June 19, 1972; and the Westman
No. 1 Ditch decreed in Case. No. 83CW334 in the amount of 1.0 cfs.
g. CWCB agrees that the instream water flow right decreed herein is subject
to and shall be administered as junior to the water rights described in paragraph
4.f. above. CWCB further acknowledges that the water rights decreed to the Val
Moritz Well Nos. 1 through 4 are decreed for a total diversion of 4.4 cfs under the
decree entered in Case No. W -1748, and for diversion by exchange of up to 6.0
cfs. under the decree entered in 90CW236. CWCB agrees it will not exercise the
instream water flow right decreed herein in such a manner as to impair
augmentation operations and exchange operations by SolVista and the District
pursuant to the augmentation and exchange decrees described in paragraph 41
above.
h. The Application in Case No. 97CW290 (which has been consolidated with
Case No. 98CW97) is for certain water storage rights, ground water rights, surface