ISFAPP00592

• Case Number: 90CW0285
• Stream Name: Meadow Creek
• Watershed: Fraser River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

90CW285
Water Div. 5

terminus
follows:
TIN R74W

as protracted from U.S.G.S. mapping is as
upstream terminus in the NW/4 SE/4 829
6PM.

c. Amount of water appropriated:
ABSOLUTE ( May 1 September 30);
ABSOLUTE (October 1 - April 30).

2.5 c.f.s.
0.5 c.f.s.

d. Appropriation date: November 27, 1990. The
appropriation was initiated and water first put to
beneficial use on November 27, 1990, by action of
the Colorado Water Conservation Board under ~~ 37-
92-102(3), 103(3), 103(4), and 103(10), C.R.S.
(1990 Repl. Vol. 15).

e. Use of Water: For Instream Flows to preserve
the natural environment to a reasonable degree.

4. Proposed terms and conditions: 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 diverts water from
Meadow Creek either directly or by exchange under decrees
entered in Civil Action Nos. 657 and 1.430. The CWCB
recognizes and will not contest that these water rights are
senior to the instream flow appropriation. Nor will the CWCB
oppose the perfection of, or application for a 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 the senior water rights at the
existing ,points of diversion located above this instream flow
segment. Moreover, the CWCB will not prevent Denver's
operation of its senior rights at the existing points of
diversion located above the subject instream flow segment.
"Denver's operation" shall include any operations,
maintenance, repairs, or replacement of these diversion
structures and their appurtenant structures, as determined
necessary by Denver.

CONCLUSIONS OF LAW

5. Jurisdiction: The Referee has jurisdiction over
this proceeding. The CWCB has complied with the required
statutory requirements, full and adequate notice of the CWCB's
claims have been given in the manner required by law and no
additional notice needs to be given. The Court has
jurisdiction over the subject matter and overall persons with
standing to become parties in this case, whether they have
appeared or not.