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<br />. <br /> <br />. <br /> <br />'. <br /> <br />90CW314 <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: FOr Instream Flows to preserve <br />the natural environment to a reasonable degree, <br /> <br />4. Terms and Conditions: <br /> <br />a. The CWCB acknowledges that the instream flow <br />water right (as sought herein) is junior to the <br />conditional water rights for Little Beaver <br />Reservoir, Little Beaver Pipeline No, 1, and Little <br />Beaver Pipeline No.2, all of which rights were <br />decreed May 31, 1972 in CA1768, Grand County <br />District Court. The CWCB will not oppose the <br />perfection of, or applications for diligence for, <br />these conditional water rights. <br /> <br />b. 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 Ranch 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 it's senior rights at the existing <br />points of diversion located on the subject instream <br />flow segment. "Denver's Operation" shall include <br />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 />5 . <br /> <br />Jurisdiction: <br /> <br />The Referee has jurisdiction over <br />