ISFAPP00324

• Case Number: 90CW0311
• Stream Name: Hamilton Creek
• Watershed: Fraser River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

90CW311
Water Div, 5

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 Fact: The foregoing
findings of fact are incorporated herein to the extent that
they constitute conclusions of law,

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.

JUDGMENT AND DECREE

8, Incorporation of Findinqs of Fact and Conclusion of
Law: The foregoing Findings of Fact and Conclusions of Law
are approved and incorporated herein by reference,

9. Water Riqhts Decreed: The Referee Rules and Orders
that subject to the terms and conditions set forth herein, the
subject Application is granted and the following Instream Flow
water right is hereby ordered, adjudged and decreed: .

1.5 c,f,s, ABSOLUTE (June 15 - August 14);
0,5 c,f,s, ABSOLUTE (August 15 - April 30);
1,0 c,f,s, ABSOLUTE (May 1 - June 14),

for the purpose of maintaining an Instream Flow to
preserve the natural environment to a reasonable
degree in Hamilton Creek between the upstream and
downstream termini as described above in paragraph
3 with an appropriation date of November 27, 1990.

The priority herein awarded was filed in the Water Court
in the year of 1990 and shall be junior to all priorities
filed in previous years, As between all rights filed in the
same calendar year, priorities shall be determined by
historical date of appropriation and not affected by the date
of the entry of this ruling,