5-90CW308 Final Decree + Stips

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

Page 9 90CW308
Water Div. 5
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 SilverCreek Municipal Well Nos. 5 through 10 are located upstream
of the Val Moritz Well Nos. 1 through 4, and downstream of the. DeBerard
Ditch: The instream flow water right decreed herein is the only intervening
water right between the Val Moritz Well Nos. 1 through 4 and the
SilverCreek Municipal Well Nos. 5 through 10. 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 (when diverting as
alternative points of Val Moritz Well Nos. 1 through 4) will be
administered as senior to the instream flow, provided that the total
combined diversions of the SilverCreek Municipal Well Nos. 1 through 5,
Val Moritz Well Nos. 1 through 4 and the DeBerard Ditch do not exceed
the said 10 cfs and 4000 acre feet.
During the non - irrigation season, SilverCreek Municipal Well Nos. 5
through 10 will be administered in the following manner. To the extent
that the instream flow water right decreed herein is being met, SilverCreek
Municipal Well Nos. 5 through 10 can be operated as alternate points of
diversion for Val Moritz Well Nos. 1 through 4.. If this instream flow
water right is not being met from the DeBerard Ditch down to the point of
diversion at Val Moritz Well No. 1, to the extent that Applicant is unable
to make diversions through Val Moritz Well No. 1, Applicant shall be
permitted to divert water, which otherwise could have been withdrawn
from Val Moritz Well No. 1, through SilverCreek Municipal Well Nos. 5
through 10; however, such diversions shall occur only at that well (among
SilverCreek Municipal Well Nos. 5 through 10) which is physically and
operationally capable of providing such water, and is closest to Val Moritz
Well No. 1. Applicant shall also have the option to operate SilverCreek
Municipal Well Nos. 5 through 10 when the instream flow is not being
met as described above, so long as diversions through the SilverCreek
Municipal Well Nos. 5 through 10 (other than the Val Moritz Well No. 1
withdrawals described above) shall be replaced by reservoir releases at a
point at or upstream of the diversions. Except as provided within this
subparagraph, during the non - irrigation season Applicant shall curtail
diversions at the SilverCreek Municipal Well Nos. 5 through 10 when