ISFAPP00564

• Case Number: 90CW0306
• Stream Name: Ranch Creek
• Watershed: Fraser River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

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90CW306
Water Div. 5

water rights originally adjudicated in CA657, Grand c
County District Court, and further defined in
Consolidated Civil Case Nos. 2782, 5016, and 5017,
United States District Court for the District of
Colorado, and W-750-78, District Court for Water
Division No.5, may result in instream flows which
are insufficient to satisfy the CWCB's Instream
Flow water right described above in paragraph 3;

d. The CWCB's Instream Flow water right described
above in paragraph 3 is not in addition to any of
the 'minimum flow requirements contained in the
Englewood-USFS Stipulation; and

e. The CWCB's Instream Flow water right described
above in paragraph 3 shall not constitute a basis
for modification of the bypasses required of
Englewood under the Englewood-USFS Stipulation.

f. The CWCB acknowledges that the instream flow
water right (as sought herein) is junior to the
conditional water rights for Little Beaver
Reservoir, Little Beaver Pipeline No.1, and Little
Beaver Pipeline No.2, all of which rights were
decreed May 31, 1972 in CA1768, Grand County
District Court. The CWCB will not oppose the
perfection of, or applications for diligence for,
these conditional water rights.

g. Denver is the owner and user of senior water
rights and owns and maintains diversion structures
above the instream flow segment that is the subject
of this application. Denver's water rights are
both absolute and conditional. Denver diverts
water from the Ranch Creek, either directly or by
exchange, under decrees entered in Civil Action
Nos. 657 and 1430. The CWCB recognizes and will
not contest that these water rights are senior to
its instream flow appropriation. Nor will the CWCB
oppose the perfection of or application for finding
of diligence for these senior conditional water
rights. Further, the CWCB will not claim or assert
injury to its water rights from Denver's operation
of its senior rights at the existing points of
diversion located on this instream flow segment.
Moreover, the CWCB will not prevent Denver's
operation of it's senior rights at the existing
points of diversion located on the subject instream
flow segment. "Denver's Operation" shall include
any operations, maintenance, repairs, or
replacements of the diversion structures and their