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<br />. <br /> <br />. <br /> <br />90CW289 <br />Water Div. 5 <br /> <br />follows: upstream terminus in the NW/4 SW/4 SII <br />T3S R75W 6PM; downstream terminus in the SE/4 NW/4 <br />S23 T2S R75W 6PM. <br /> <br />c. Amount of water appropriated: <br />ABSOLUTE (April 15 September 30); <br />ABSOLUTE (October 1 - April 14). <br /> <br />6.0 <br />2.5 <br /> <br />c. f.s. <br />c.f.s. <br /> <br />d. Appropriation date: November 27, 1990. The <br />appropriation was initiated and water first put to <br />beneficial use on November 27, 1990, by action of <br />the Colorado Water Conservation Board under ~~ 37- <br />92-102(3), 103(3), 103(4), and 103(10), C.R.S. <br />(1990 Repl. Vol. 15). <br /> <br />e. Use of Water: For Instream Flows to preserve <br />the natural environment to a reasonable degree. <br /> <br />4. Proposed terms and conditions: Denver is the owner <br />and user of senior water rights and owns and maintains <br />diversion structures within the instream flow segment that is <br />the subject of this application. Denver's water rights are <br />both absolute and conditional. Denver diverts water from the <br />Fraser River, either directly or by exchange, under decrees <br />entered in Civil Action Nos. 657 and 1430. The CWCB <br />recognizes and will not contest that these water rights are <br />senior to its instream flow appropriation. Nor will the CWCB <br />oppose the perfection of, or application for a finding of <br />diligence for, these senior conditional water rights. <br />Further, the CWCB will not claim or assert injury to its water <br />rights from Denver's operation of its senior rights at the <br />existing points of diversion located on this instream flow <br />segment. Moreover, the CWCB will not prevent Denver's <br />operation of its senior rights at the existing points of <br />diversion located on this instream flow segment. "Denver's <br />operation" shall include any operations, maintenance, repairs, <br />or replacements of the diversion structures and their <br />appurtenant structures, as determined necessary by Denver. <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 />