5-90CW308 Final Decree + Stips

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

Page 6
90CW308
Water Div. 5
so provide. The said 10 cfs will be administered under the priorities of the
Ostrander Ditch described in the 97CW290 Decree.
The Lake Val Moritz right decreed in Case No. W -2119 is senior to the
Fraser River instream flow appropriation claimed by the Colorado Water
Conservation Board in Case No. 90CW308. The W -2119 Decree is not
clear whether the DeBerard Ditch was intended to fill the Lake Val Moritz
during the non - irrigation season. However, the Val Moritz Well Nos. 1
through 4 (decreed in Case No. W -1748) were clearly intended and
decreed to fill Lake Val Moritz. The DeBerard Ditch and SilverCreek
Municipal Well Nos. 5 through 10 are located upstream of the Val Moritz
Well Nos. 1 through 4. The instream flow water right decreed herein is
the only intervening water right between the Val Moritz Well Nos. 1
through 4 and the DeBerard Ditch.
The following terms and conditions shall apply to the diversions from the
Fraser River to fill Lake Val Moritz (at the original point, the alternate
points described herein, or points of storage subsequently approved by this
Court):
i) Diversions at the Val Moritz Well Nos. 1 through 4 are senior to
the instream flow year - round.
(ii) In accordance with the Decree in Case No. W -1881, during the
irrigation season, diversions at the SilverCreek Municipal Well
Nos. 5 through 10 and the DeBerard Ditch will be administered as
senior to the instream flow water right decreed herein, provided
that the total combined diversions of the SilverCreek Municipal
Well Nos. 5 through 10, Val Moritz Well Nos. 1 through 4 and the
DeBerard Ditch do not exceed the said 10 cfs and 4000 acre feet.
(iii) During the non - irrigation season, the Applicant shall curtail
diversions at the SilverCreek Municipal Well Nos. 5 through 10
and the DeBerard Ditch to fill Lake Val Moritz when the instream
flow water right decreed herein is not met; provided, however, that
nothing in the CWCB's stipulation with SolVista and the District
in Case Nos. 97CW290 and 98CW97 (Consolidated) and the
decree entered therein absolves the CWCB of its responsibility to
install such measuring devices as may be required pursuant to this
decree. - This subparagraph is not a subordination of the
Applicant's Lake Val Moritz priority to said instream flow water
right; at such time, if ever, that the Applicant curtails its diversions
at the SilverCreek Municipal Well Nos. 5 through 10 and the
DeBerard Ditch to avoid injury to said instream flow water right
during the non - irrigation season, then Applicant can fill Lake Val
Moritz under the W -2119 priority, senior to the instream flow, via