5-90CW308 Final Decree + Stips

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

Page 7 90CW308
Water Div. 5
diversions at the Val Moritz Well Nos. 1 through 4 and/or from
DeBerard draw.
(iv) Diversions into storage at the original and/or alternate places
of storage of Lake Val Moritz will occur only to the extent that
water is legally and physically available at the original points of
diversion for Lake Val Moritz.
(c) Diversions at the Val Moritz Well Nos. 1 through 4 under the
90CW236 exchange are senior to the Fraser River instream flow
appropriation claimed by the Colorado Water Conservation Board in Case
No. 90CW308.
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
does not exceed the historic diversion rate of 10 cfs and the 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 W -1881
Decree so provide. The said 10 cfs will be administered under the
priorities of the Ostrander Ditch described in the 97CW290 Decree.
The DeBerard Ditch and SilverCreek Municipal Well Nos. 5 through 10
are located upstream of the Val Moritz Well Nos. 1 through 4. The Fraser
River 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 under the
90CW236 exchange at the SilverCreek Municipal Well Nos. 5 through 10,
SilverCreek Pump and Pipeline Nos. 1 and 3, and DeBerard Ditch
alternate points:
During the irrigation season, and in accordance with the Decree in Case
No. W -1881, diversions at the SilverCreek Municipal Well Nos. 5 through
10, SilverCreek Pump and Pipeline Nos. 1 and 3, and DeBerard Ditch
under the 90CW236 exchange 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,
SilverCreek Pump and Pipeline Nos. 1 and 3, DeBerard Ditch, and Val
Moritz Well Nos. 1 through 4 do not exceed the said 10 cfs and 4000 acre
feet.
During the non - irrigation season, SilverCreek Municipal Well Nos. 5