ISFAPP00001

• Case Number: 90CW0302
• Stream Name: Fraser River
• Watershed: Fraser River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

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90CW302
Water Di>:. 5

U.S.G.S. quadrangle.

Administration: For the stream segments in an unsurveyed area, the
Division Engineer has determined for administrative pwposes that the
approximate legal description of the instream flow terminus as protracted
from U.S.G.S. mapping is as follows: upstream terminus in the NW/4 NW/4
SI4 TIS R75W 6PM.

c. Amount of water appropriated:. 8.0 c.f.s. ABSOLUTE (May 15 -
September 15); 3.5 c.f.s. ABSOLUTE (September 16 - May 14).

d. Appropriation date: November 27, 1990. The appropriation was initiated
and water first put to beneficial use on November 27, 1990, by action of the
Colorado Water Conservation Board under SS 37-92-102(3), 103(3), 103(4),
and 103(10), C.R.S. (1990 Repl. Vol. 15).

e. Use of Water: For Instream Flows to preserve the natural environment to
a reasonable degree.

4. Proposed terms and conditions:

a. Denver is the owner and user of senior water rights and owns and
maintains diversion structures above the instream flow segment that is the subject of
this application. Denver's water rights are both absolute and conditional. Denver
diverts water from the Fraser River, either directly or by exchange, under decrees
entered in Civil Action Nos. 657 and 1430. The CWCB recognizes and will not
contest that these water rights are senior to its instream flow appropriation. Nor will
the CWCB oppose the perfection of or application for fmding of diligence for these
senior conditional water rights. Further, the CWCB will not claim or assert injury
to its water rights from Denver's operation of its senior rights at the existing points
of diversion located on this instream flow segment. Moreover, the CWCB will not
prevent Denver's operation of it's senior rights at the existing points of diversion
located on the subject instream flow segment. "Denver's Operation" shall include
any operations, maintenance, repairs, or replacements of the diversion structures and
their appurtenant structures as determined necessary by Denver.

b. The CWCB, WPRA and other Grand County water users are parties to an
agreement (the "Agreement") dated July 21, 1992, which sets forth the parties'
understandings, rights and. obligations concerning the Clinton Reservoir-Fraser
River Water Agreement also dated July 21, 1992, including the Grand County
Water Users' Operating Plan attached thereto (collectively the "Clinton
Agreement"). The Agreement provides, among other things, that the CWCB agreed