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<br />. <br /> <br />. <br /> <br />90CW313 <br />Water Div. 5 <br /> <br />T1N R74W 6PM; downstream terminus in the NW/4 SE/4 <br />S2 T1S R75W 6PM. <br /> <br />c. Amount of water appropriated: 4.5 c. f. s. <br />ABSOLUTE (May 1 - August 31); 2.0 c.f.s. ABSOLUTE <br />(September 1 - October 31); 0.75 c.f.s. ABSOLUTE <br />(November 1 - March 31); 2.0 c.f.s. ABSOLUTE (April <br />1 - April 30) . <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: <br /> <br />a. Denver is the owner and user of senior water <br />rights and jointly owns and maintains diversion <br />structures on the instream flow segment that is the <br />subject of this application. The water rights are <br />decreed both absolute and conditional. Denver <br />diverts water from Cabin Creek, either directly or <br />by exchange, under decrees entered in civil Action <br />Nos. 657 and 1430. The CWCB recognizes and will <br />not contest that these water rights are senior to <br />its instream flow appropriation. Nor will the CWCB <br />oppose the perfection of or application for finding <br />of diligence for these senior conditional water <br />rights. Further, the CWCB will not claim or assert <br />injury to its water rights from Denver's operation <br />of the senior rights at the existing points of the <br />Cabin-Meadow Creek system located on this instream <br />flow segment. Moreover, the CWCB will not prevent <br />Denver's operation of it's senior rights at the <br />existing points of diversion located on the subject <br />instream flow segment. "Denver's Operation" shall <br />include any operations, maintenance, repairs, or <br />replacements of the diversion structures and their <br />appurtenant structures as determined necessary by <br />Denver. <br /> <br />b. Denver holds a conditional storage right within <br />the instream flow segment that is the subject of <br />this application. The CWCB recognizes Denver's <br />conditional water right, as decreed in civil Action <br />No. 1430, and will not oppose the construction of a <br />