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~ J 90CW282 Water Div. 5 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 ~~ 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: Denver is the owner and user of senior water rights and owns an interest in and maintains and operates a diversion structure within the instream flow segment that is the subject of this application. Denver's water rights are both absolute and conditional. Denver diverts water from Hamilton Creek, 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 a finding 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 its senior rights at the existing points of diversion located on this 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. CONCLUSIONS OF LAW 5. Jurisdiction: The Referee has jurisdiction over this proceeding. The CWCB has complied with the required statutory requirements, full and adequate notice of CWCB's claims have been given in the manner required by law and no additional notice needs to be given. The Court has jurisdiction over the subject matter and over all persons with standing to become parties in this case, whether they have appeared or not. 6. Incorporation of Findinqs of findings of fact are incorporated herein constitute conclusions of law. Fact: The foregoing to the extent that they 7. Standards and Burdens of Proof: The CWCB has complied with all requirements, has met all standards and burdens of proof regarding the Board's appropriation of the Instream Flow water rights requested in the Application .filed in this case, and is therefore entitled to a Ruling confirming and approving its Instream Flow water rights as more fully described in paragraph 3 above.