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<br />. <br /> <br />. <br /> <br />90CW318 <br />Water Div. 5 <br /> <br />of a 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, WPRA and other Grand County water <br />users are parties to an agreement (the "Agreement") <br />dated July 21, 1992, which sets forth the parties' <br />understandings, rights and obligations concerning <br />the Clinton Reservoir-Fraser River Water Agreement <br />also dated July 21, 1992, including the Grand <br />County Water Users' Operating plan attached thereto <br />(collectively the "Clinton Agreement"). The <br />Agreement provides, among other things, that the <br />CWCB agreed not to seek to improve the position of <br />its water rights in the Fraser and Williams Fork <br />Basins by claiming any of the waters made available <br />by Denver for WPRA and others under the Clinton <br />Agreement. Accordingly, the CWCB waived any claim <br />to those waters as a source of supply for these <br />Instream Flow water rights. Nothing contained in <br />this ruling and decree shall be deemed to modify, <br />alter or supersede any of the terms of, or rights <br />and obligations arising under, the Agreement, and <br />the Agreement shall survive the entry of a decree <br />herein. <br /> <br />d. The CWCB shall not claim injury or any adverse <br />affect from Denver's performance under the Clinton- <br />Fraser Agreement dated July 21, 1992. <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 />