5-90CW308 Final Decree + Stips

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

Page 5
90CW308
Water Div. 5
water rights, change of water rights, change of the 90CW236 decreed exchange
(for diversion at additional alternate points) and for final approval of the plan for
augmentation in Case No. W -1881. The application in 98CW97 is for a finding of
compliance (diligence), as required by the decrees in Case Nos. W -1881;
80CW297, -82CW043 and 82CW181 (consolidated); 88CW212 and 92CW83.
Specifically, in 98CW97, the Applicants seek a decree finding that the pattern and
progress of the development of the resort project and use of water therefor remain
in compliance with the said decrees. The CWCB is an Objector in the 97CW290
and 98CW97 consolidated cases.
i. To prevent injury to the instream flow water right decreed herein, SolVista
and the District agree that the water rights and changes of water rights claimed
and to be decreed in Case No. 97CW290 will be exercised in accordance with the
terms and conditions described more particularly in paragraphs I.14, I.21, I.24 and
I.28 of the decree in Case Nos. 97CW290 and 98CW97 (Consolidated), which
decree is incorporated herein by this reference. Specifically:
(a) Whether made under the subject wells or surface water rights (see
decree in 97CW290), diversions to fill the Lake Val Moritz Alternate Nos.
1, 9, 10, 11, 12 and to maintain the Lake Val Moritz - Wetlands Storage,
when made under the 1997 priorities claimed in 97CW290 (and not under
the original Case No. W -2119 priority decreed to the Lake Val Moritz),
will be administered under a December 22, 1997 appropriation date, and
December 31, 1997 adjudication date. The 1997 adjudication date for the
said priorities makes them junior to. the Fraser River minimum stream
flow appropriation claimed by the CWCB in Case No. 90CW308. This
paragraph is not a subordination of the Lake Val Moritz priority to the
instream flow; the said alternate reservoirs may also be filled and refilled
senior to the said minimum flow under ' the Lake Val Moritz W -2119
priority and/or the Case No. 90CW236 exchange, subject to the terms and
conditions of the 97CW290 Decree.
(b) Lake Val Moritz was decreed to be filled by DeBerard Draw, diffuse
surface runoff and the Fraser River through the Val Moritz Municipal
System, which system includes the Val Moritz Well Nos. 1 through 4,
SilverCreek Municipal Well Nos. 5 through 10, and the DeBerard Ditch.
In Case No. W -1881, the Court decreed that any diversions for the
SolVista development (f/k/a SilverCreek, f/k/a Val Moritz) during the
irrigation season (April 1 through September 30) will not injure other
appropriators, so long as the total diversions at any combination of points
do not exceed the historic diversion rate of 10 cfs and a historic diversion
volume of 4000 acre feet; and so long as the diversions are located in the
reach of the Fraser River between the DeBerard Ditch and the confluence
of the Fraser River with the Colorado River. Paragraph 4 (page 5),
paragraph I.A (page 10), and paragraph 2 (page 14) of the W -1881 Decree