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ISFAPP00538
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ISFAPP00538
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Last modified
4/16/2016 12:04:26 AM
Creation date
10/5/2006 10:19:29 PM
Metadata
Fields
Template:
Instream Flow Appropriations
Case Number
90CW0292
Stream Name
Vasquez Creek
Watershed
Fraser River
Water Division
5
Water District
51
County
Grand
Instream Flow App - Doc Type
Final Decree/Stipulations
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<br />90CW292 <br />Water Div. 5 <br /> <br />consistent with this conditionally decreed storage right. <br />If the ultimate perfection of this conditionally decreed <br />water right involves a redesign or reconfiguration of the <br />facility, including a change in place of storage, the <br />CWCB will not oppose the entry of a decree changing the <br />storage rights provided the proposed storage vessel is <br />located within this insteam flow segment and provided <br />Denver includes as a term and condition that it ""ill <br />bypass the instream flows decreed herein between the <br />original and the changed point of diversion, <br /> <br />c. The CWCB recognizes that water stored in <br />upstream reservoirs or diverted from other basins may be <br />released or delivered into Vasquez Creek to be diverted <br />at downstream points. The CWCB shall not prevent or <br />otherwise limit Denver from being able to release or <br />deliver water diverted or stored under Civil Action 657 <br />or Civil Action 1430 into this segment or assert injury <br />to its appropriation due to such releases or deliveries. <br /> <br />d. The CWCB, WPRA and other Grand County water <br />users are parties to an agreement (the "Agreement") dated <br />July 21, 1992, which sets forth the parties' <br />understandings, rights and obligations concerning the <br />Clinton Reservoir-Fraser River Water Agreement also dated <br />July 21, 1992, including the Grand County Water Users' <br />Operating Plan attached thereto (collectively the <br />"Clinton Agreement"). The Agreement provides, among <br />other things, that the CWCB agreed not to seek to improve <br />the position of its water rights in the Fraser and <br />Williams Fork Basins by claiming any of the waters made <br />available by Denver for WPRA and others under the Clinton <br />Agreement. Accordingly, the CWCB waived any claim to <br />those waters as a source of supply for these Instream <br />Flow water rights. Nothing contained in this ruling and <br />decree shall be deemed to modify, alter or supersede any <br />of the terms of, or rights and obligations arising under, <br />the Agreement, and the Agreement shall survive the entry <br />of a decree' herein. <br /> <br />CONCLUSIONS OF LAW <br /> <br />5. Jurisdiction: The Referee has jurisdiction over <br />this proceeding. The CWCB has complied with the required <br />statutory requirements, full and adequate notice of 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 parties in this case, whether they have <br />appeared or not, <br />
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