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<br />above in paragraph 3 is not in <br />the minimum flow requirements <br />Englewood-USFS Stipulation; and <br /> <br />90CW311 <br />Water Div, 5 <br /> <br />addition to any of <br />contained in the <br /> <br />e, The CWCB's Instream Flow water right described <br />above in paragraph 3 shall not constitute a basis <br />for modification of the bypasses required of <br />Englewood under the Englewood-USFS Stipulation, <br /> <br />f, The CWCB recognizes that Thomas Kerwin Owns <br />some portion of the 'Granite Ditch water rights <br />which are for 2,75 c,f,s, of water on Cabin Creek <br />and bears an appropriation date of July 28, 1905, <br />is Number Three Hundred and Fifty Nine (359), and <br />is entitled to Priority No, 3 on Cabin Creek, The <br />CWCB recognizes that the Granite Ditch water rights <br />are senior to the instream flow water right sought <br />by the CWCB in this application, In addition, the <br />CWCB intends to 'operate its water rights, as sought <br />herein, within the Colorado prior appropriation <br />system, <br /> <br />g. Denver is the owner and user of senior water <br />rights and owns and maintains diversion structures <br />above the instream flow segment that is the subject <br />of this application, Denver's water rights are <br />. both absolute and conditional, Denver diverts <br />water from Hamilton Creek, either directly or by <br />exchange, 'under decrees entered in civil Action <br />Nos, 657 and 1430. The CWCB recognizes and will <br />not contest that these water rights are senior to <br />its instream flow appropriation, Nor will the CWCB <br />oppose the perfection of or application for finding' <br />of diligence for these senior conditional water <br />rights, Further, the CWCB will not claim or assert <br />injury to its water rights from Denver's operation <br />of its senior rights at the existing points of <br />diversion located on this instream flow segment. <br />Moreover, the CWCB will not prevent Denver's <br />operation of the Cabin-Meadow Creek system at the <br />existing points of diversion located on the subject <br />instream flow segment, "Denver's Operation" shall <br />include any operations, maintenance, repairs, or <br />replacements of the diversion structures and their <br />appurtenant structures as determined necessary by <br />Denver, <br /> <br />CONCLUSIONS OF LAW <br /> <br />.. <br />