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<br />90CW312 <br />Water Div. 5 <br /> <br />e. The CWCB's Instream Flow water right described <br />above in paragraph 3 shall not constitute a basis <br />for modification of the bypasses required of <br />Englewood under the Englewood-USFS Stipulation. <br /> <br />g. 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 Cabin Creek, either directly or by <br />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 />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 the 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. Incorporation of Findinqs 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 Instr~2.? ?lc,t.; ':!2.te:::.- ricr-_,=-== _~._ ~:c::e rllj_ly <br />