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<br />. <br /> <br />. <br /> <br />90CW280 <br />Water Div. 5 <br /> <br />Timely and adequate notice of this proceeding has been <br />given in the manner required by law. The Court has <br />jurisdiction over the subject matter of this proceeding and <br />over all who have standing to appear as parties, whether they <br />have appeared or not. <br /> <br />b. Statements of Opposition: A Statement of <br />Opposition was filed by the Fraser Valley <br />Metropolitan Recreation District and by the YMCA of <br />the Rockies. On July 23, 1996 the Motion to <br />Intervene filed by the Estates at Pole Creek (now <br />known as the Fairways at Pole Creek Development, <br />LLC) was granted. No other Statements of <br />Opposition have been filed and the time for filing <br />such statements has now expired. <br /> <br />c. Summary of Consultation: On April 18, 1991, <br />the Division Engineer for Water Division No. 5 <br />submitted a Summary of Consultation stating that <br />the Application appears to be adequate and <br />recommending that the Application should be issued <br />by the Referee as a ruling. The Referee has given <br />this recommendation due consideration. <br /> <br />d. Resolution of Statements of Opposition: All <br />parties filing Statements of Opposition have either <br />reached Stipulations with CWCB, withdrawn their <br />Statement of Opposition, or otherwise approved the <br />terms contained herein. <br /> <br />3. Reauested Water Riaht: The CWCB appropriated the <br />Instream Flow more fully described as follows: <br /> <br />a. Source: The source of the water is Pole Creek. <br /> <br />b. Location: <br /> <br />Legal description of the stream segment through <br />which an instream flow is claimed: The first <br />segment shall be the natural stream channel from <br />the headwaters in NW/4 NW/4 S14 TIS R77W 6PM as the <br />upstream terminus and extending to the Gehman-Just <br />Ditch headgate; and the second segment shall be <br />from the Gehman-Just Ditch headgate to the <br />confluence with an unnamed tributary in SW/4 SE/4 <br />S5 T1S R76W 6PM as the downstream terminus, being a <br />total distance of approximately 4.2 miles. This <br />segment can be located on the Bottle Pass U.S.G.S. <br />quadrangle. <br />