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<br />. <br /> <br />. <br /> <br />90CW313 <br />Water Div. 5 <br /> <br />storage reservoir within this instream flow <br />segment, that is consistent with this conditionally <br />decreed storage right. If the ultimate perfection <br />of this conditionally decreed storage right <br />involves a redesign or reconfiguration of the <br />facility, including a change in place of storage, <br />the CWCB will not oppose the entry of a decree <br />changing the storage rights provided the proposed <br />storage vessel is located within this instream flow <br />segment, and provided Denver includes as a term and <br />condition that it will bypass the instream flows <br />decreed herein between the original and the changed <br />point of diversion. <br /> <br />c. The CWCB recognizes that water stored in the <br />proposed Cabin Creek Reservoir may be released or <br />delivered into Cabin Creek to be diverted at <br />downstream points. The CWCB shall not prevent or <br />otherwise limit Denver from being able to release <br />or deliver water diverted or stored under civil <br />Action 1430 into this segment or assert injury to <br />its appropriation due to such releases or <br />deliveries. <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 /> <br />6. Incorooration of Findinos of Fact: The foregoing <br />findings of fact are incorporated herein to the extent that <br />they constitute conclusions of law. <br /> <br />7. Standards and Burdens of Proof: The CWCB has <br />complied with all requirements, has met all standards and <br />burdens of proof regarding the Board's appropriation of the <br />Instream Flow water rights requested in the Application filed <br />in this case, and is therefore entitled to a Ruling confirming <br />and approving its Instream Flow water rights as more fully <br />described in paragraph 3 above. <br /> <br />JUDGMENT AND DECREE <br /> <br />8. Incorooration of Findinos of Fact and Conclusion of <br />Law: The foregoing Findings of Fact and Conclusions of Law <br />