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<br />. <br /> <br />. <br /> <br />90CW307 <br />Water Div. 5 <br /> <br />d. Appropriation date: November 27, 1990. The <br />appropriation was initiated and water first put to <br />beneficial use on November 27, 1990, by action of <br />the Colorado Water Conservation Board under ~~ 37- <br />92-102(3), 103(3), 103(4), and 103(10), C.R.S. <br />(1990 Repl. Vol. 15). <br /> <br />e. Use of Water: Fo~ Instream Flows to preserve <br />the natural environment to a reasonable degree. <br /> <br />4. Proposed terms and conditions: <br /> <br />a. Denver is the owner and user of senior water <br />rights and owns and maintains diversion structures <br />within the instream flow segment that is the <br />subject of this applic~tion. Denver's water rights <br />are both absolute and conditional. Denver diverts <br />water from the Fraser River, either directly or by <br />exchange, under decrees entered in Civil Action <br />Nos. 657 and 1430. ~he CWCB recognizes and will <br />not contest that thes~ water rights are senior to <br />its instream flow appropriation. Nor will the CWCB <br />oppose the perfection of, or application for a <br />finding of diligence for, these senior con~itional <br />water rights. Further, the CWCB will not claim or <br />a.ssert injury to its water rights from Denver's <br />operation of its senior rights at the existing <br />points of diversion located on this instream flow <br />segment. Moreover, the CWCB will not prevent <br />Denver's operation o:{: its senior rights at the <br />existing points of diversion located on this <br />instream flow segment. "Denver's operation" shall <br />include any operations, maintenance, repairs, or <br />~eplacements of the diversion structures and their <br />appurtenant structures, as determined necessary by <br />Denver. <br /> <br />b. The CWCB shall not claim injury or any adverse <br />affect from Denver's Performance under the Clinton- <br />Fraser Agreement dated July 21, 1992. <br /> <br />CONCLUSIONS OF LAW <br /> <br />5. Jurisdiction: The Referee has jurisdiction over <br />this proceeding. The CWCB has complied with the required <br />statutory requirements, full and adequate notice of CWCB's <br />claims have been given in the manner required by law and no <br />additional notice needs to be given. The Court has <br />jurisdiction over the subject matter and over all persons with <br />standing to become parties in this case, whether they have <br /> <br />~ <br />