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90CW309 <br />Water Div. 5 <br />by exchange, under decrees entered in Civil Action <br />Nos 657 and 7.430. The CWCB recognizes and wi11 <br />not contest that these water rights are senior to <br />its instream flow appropriation. Nor wi11 the CWCB <br />oppose the perfection of, or application for a <br />finding of diligence for, these senior conditional <br />water r~.ghts. Further, the CWCB will not claim or <br />assert injury to its water rights from Denver's <br />operation of its senior rights at the existing <br />points of diversion located above this instream <br />flow segment. Moreover, the CWCB will not prevent <br />Denver's operation of its senior rights at the <br />existing points of diversion located above this <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 />CONCLUSIONS OF LAW <br />5. Jurisdiction: The Referee has jurisdiction over <br />this proceeding. The CWCB has complied with the required <br />statutory requirements, full and adequate not~.ce of the CWCB's <br />claims have been given in the manner required by law and no <br />additional notice needs to be given. The Court has <br />jurisdiction over the subject matter and over all persons with <br />standing to become parta.es in this case, whether they have <br />appeared or not. <br />6. Incorporation of,Find~_ngs of Fact: The foregoing <br />findings of fact are incorporated herein to the extent that <br />they constitute conclusions of law. <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 appropriata.on 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 />JUDGMENT AND DECREE <br />8. Incorporation of Findings 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 />9. Water Rights Decreed: The Referee Rules and Orders <br />that subject to the terms and conditions set forth herein, the <br />