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<br />. <br /> <br />. <br /> <br />" <br /> <br />90CW303 <br />Water Div. 5 <br /> <br />R77W 6PM; downstream terminus in the NE/4 NE/4 S29 <br />T2S R76W 6PM. <br /> <br />c. Amount of water appropriated: <br />ABSOLUTE (May 15 September 15); <br />ABSOLUTE (September 16 - May 14) . <br /> <br />6.0 <br />2.5 <br /> <br />c. f. s. <br />c. f. s. <br /> <br />d. Approorlation 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 55 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 owns and maintains diversion structures <br />above the instream flow segment that is the subject <br />of this application. Denver's water rights are <br />both absolute and conditional. Denver diverts <br />water from the St. Louis 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 its senior rights at the existing points of <br />diversion located on this instream flow segment. <br />Moreover, the CWCB will not prevent Denver's <br />operation of it's senior rights at the existing <br />points of diversion located on the subject instream <br />flow segment. "Denver's Operation" shall include <br />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. 657, and will not opppose the construction of a <br />storage reservoir within this instream flow <br />