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<br />. <br /> <br />. <br /> <br />90CW288 <br />Water Div. 5 <br /> <br />can be located on the East Portal U.S.G.S. <br />quadrangle. <br /> <br />Administration: For the stream segments in an <br />unsurveyed area, the Division Engineer has <br />determined for administrative purposes that the <br />approximate legal description of the instream flow <br />terminus as protracted from U.S.G.S. mapping is as <br />follows: upstream terminus in the NW/4 NE/4 S32 <br />T1S R74W 6PM. <br /> <br />c. Amount of water appropriated: 3.5 c. f. s. <br />ABSOLUTE (May 1 - August 14); 1.5 c.f.s. ABSOLUTE <br />(August 15 October 31); 0.5 c. f. s. ABSOLUTE <br />(November 1 - March 31); 1.5 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: 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 <br />Middle Fork Ranch Creek, either directly or by exchange, under <br />decrees 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 />