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<br />c, Amount of water appropriated: 3,5 c,f.s. ABSOLUTE (May 1 _
<br />September 30); 1.5 c.f.s, ABSOLUTE (October 1 - April 30),
<br />
<br />d. Appropriation date: November 27, 1990, The appropriation was
<br />initiated and water first put tEl beneficial use on November 27, 1990, by
<br />action of the Colorado Water Conservation Board under ~~ 37-92-102(3),
<br />103(3),103(4), and 103(10), C,R,S, (1990 RepL VoL IS).
<br />
<br />e, Use of Water: For Instream Flows to preserve the natural environment to
<br />a reasonable degree.
<br />
<br />4, Proposed terms and conditions: The following shall be the terms and
<br />conditions of this decree:
<br />
<br />,
<br />a, The Englewood Cabin-Meadow Creek Diversion and Storage
<br />System, based upon water rights originally adjudicated in CA657, Grand
<br />County District Court, and further defined in Consolidated Civil Case Nos,
<br />2782, 5016, and 5017, United States District Court for the District of
<br />Colorado, and W-750-78, District Court for Water Division No.5, are senior
<br />to the CWCB's Instream Flow water right described above in paragraph 3;
<br />
<br />b, Certain bypasses are made by Englewood in order to comply with
<br />Englewood-USFS Stipulation minimum flow requirements in Meadow
<br />Creek, Hamilton Creek, and Cabin Creek;
<br />
<br />c. The operation of the Englewood Cabin-Meadow Creek Diversion
<br />and Storage System, pursuant to the water rights originally adjudicated in
<br />CA657, Grand County District Court, and further defmed in Consolidated
<br />Civil Case Nos. 2782, 5016, and 5017, United States District Court for the
<br />District of Colorado, and W-7S0-78, District Court for Water Division No,
<br />5, may result in instream flows which are insufficient to satisfy the CWCB's
<br />Instream Flow water right described above in paragraph 3;
<br />
<br />d, The CWCB's Instream Flow water right described above in
<br />paragraph 3 is not in addition to any of the minimum flow requirements
<br />contained in the Englewood-USFS Stipulation; and
<br />
<br />e, The CWCB's Instream Flow water right described above in
<br />paragraph 3 shall not constitute a basis for modification of the bypasses
<br />required of Englewood under the Englewood-USFS Stipulation,
<br />
<br />f. The provisions in this paragraph 4 do not intend to limit the CWCB
<br />instream flow amounts to an amount lower than, or equal to, the bypass flow
<br />
<br />3
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