ISFAPP00622 - Laserfiche WebLink

Home Browse Search

. . 90CW304 Water Div. 5 segment, that is consistent with this conditionally decreed storage right, If the ultimate perfection of this conditionally decreed storage right involves a redesign or reconfiguration of the facility, including a change in place of storage, the CWCB will not oppose the entry of a decree changing the storage rights provided the proposed storage vessel is located within this instream flow segment, and provided Denver includes as a term and condition that it will bypass the instream flows decreed herein between the original and the changed point of diversion, c, The CWCB recognizes that water stored in upstream reservoirs or diverted from other basins may be released or delivered into St, Louis Creek to be diverted at downstream points, The CWCB shall not prevent or otherwise limit Denver from being able to releas<l or deliver water diverted under or stored under Civil Action 657 or Civil Action 1430 into this segment or assert injury to its appropriation due to such releases or deliveries, d. The CWCB shall not claim injury or any adverse affect from Denver's performance under the Clinton- Fraser Agreement dated July 21, 1992, 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 over all persons with standing to become parties in this case, whether they have appeared or not, 6, Incorporation of Findinos of Fact: The foregoing findings of fact are incorporated herein to the extent that they constitute conclusions of law, 7, Standards and Burdens of Proof: The CWCB has complied with all requirements, has met all standards and burdens of proof regarding the Board's appropriation of the Instream Flow water rights requested in the Application filed in this case, and is therefore entitled to a Ruling confirming and approving its Instream Flow water rights as more fully described in paragraph 3 above.