Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />90CW307 <br />Water Div. 5 <br /> <br />appeared or not. <br /> <br />6. Incorporation of Findinas of Fact: The foregoing <br />findings of fact are incorporated herein to the extent that <br />they constitute conclusions of law. <br /> <br />7. Standards and Burdens of Proof: The CWCB has <br />complied with all requirements, has met all standards and <br />burdens of proof regarding the Board's appropriation of the <br />Instream Flow water rights requested in the Application filed <br />in this case, and is therefore entitled to a Ruling confirming <br />and approving its Instream Flow water rights as more fully <br />described in paragraph 3 above. <br /> <br />JUDGMENT AND DECREE <br /> <br />8. Incorporation of Findinas of Fact and Conclusion of <br />Law: The foregoing Findings of Fact and Conclusions of Law <br />are approved and incorporated herein by reference. <br /> <br />9. Water Riahts Decreed: The Referee Rules and Orders <br />that subject to the terms and conditions set forth herein, the <br />subject Application is granted and the following Instream Flow <br />water right is hereby ordered, adjudged and decreed: <br /> <br />11.0 c.f.s. ABSOLUTE (May 15 - September 15); <br />5.0 c.f.s. ABSOLUTE (September 16 - May 14). <br /> <br />for the purpose of maintaining an Instream Flow to <br />preserve the natural environment to a reasonable <br />degree in the Fraser River between the upstream and <br />downstream termini as described above in paragraph <br />3 with an appropriation date of November 27, 1990. <br /> <br />The priority herein awarded was filed in the Water Court <br />in the year of 1990 and shall be junior to all priorities <br />filed in previous years. As between all rights filed in the <br />same calendar year, priorities shall be determined by <br />historical date of appropriation and not affected by the date <br />of the entry of this ruling. <br /> <br />10. The CWCB shall install and maintain such measuring <br />devices and maintain such records as the Division Engineer may <br />require for administration of this Instream Flow water right. <br /> <br />IT IS Ordered that this Ruling shall be filed with the <br />Water Clerk and shall become effective upon such filing, <br />subject to judicial review pursuant to ~ 37-92-304, 15 C.R.S. <br />(1990) . <br />