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<br />90CW292 <br />Water Div. 5 <br /> <br />determined for administrative purposes that the <br />approximate legal description of the instream flow <br />termini as protracted from U.S.G.8. mapping is as <br />follows: upstream terminus in the 8W/4 NW/4 811 T38 <br />R76W 6PM; downstream terminus in the NW/4 NE/4 819 <br />T2S R75W 6PM, <br /> <br />c. Amount of water appropriated: <br />ABSOLUTE <br /> <br />2 . 5 c . 'f . s . <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. Proposed terms and conditions: <br /> <br />a. Denver is the owner and user of senior water <br />rights and owns and maintains diversion structures within <br />the instream flow segment that is the subject of this <br />application. Denver's water rights are both absolute and <br />conditional. Denver diverts water from Vasquez Creek, <br />either directly or by exchange, under decrees entered in <br />Civil Action Nos. 657 and 1430. The CWCB recognizes and <br />will 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 a finding of <br />diligence for, these senior conditional water <br />rights. Further, the CWCB will not claim or assert injury <br />to its water rights from Denver's operation of its senior <br />rights at the existing points of diversion located on <br />this instream flow segment. Moreover, the CWCB will not <br />prevent Denver's operation of its senior rights at the <br />existing points of diversion located on this instream <br />flow segment, "Denver's operation" shall include any <br />operations, maintenance, repairs, or replacements of the <br />diversion structures and their appurtenant structures, <br />as determined necessary by Denver. <br /> <br />b. The Denver holds a conditional storage right <br />within the instream flow segment that is the subject of <br />this application, The CWCB recognizes Denver's <br />conditional storage right, as decreed in Civil Action No. <br />657, and it will not oppose the construction of a storage <br />reservoir within this instream flow segment, that is <br />