Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />87CW291 <br />Appl. of CWCB <br /> <br />CONCLUSIONS OF LAW <br /> <br />4. Jurisdiction: The Referee has jurisdiction over this <br />proceeding. The CWCB has complied with the required statutory <br />requirements, full and adequate notice of the CWCB's claims have <br />been given in the manner required by law and no additional notice <br />needs to be given. The Court has jurisdiction over the subject <br />matter and over all persons with standing to become parties in <br />this case, whether they have appe~red or not. <br /> <br />5. Incorporation of Findinas of Fact: The foregoing <br />findings of fact are incorporated herein to the extent that they <br />constitute conclusions of law. <br /> <br />6. No iniurious Effect: This Court has considered the <br />CWCB's request for approval of its appropriation of the Instream <br />Flow water right more fully described in paragraph 3 above, and <br />concludes as a matter of law that the entry of this Ruling <br />approving this Instream Flow water right will not injuriously <br />affect the owner of or persons entitled to use water under a <br />vested water right. <br /> <br />7. Standards and Burdens of Proof: The CWCB has complied <br />with all requirements, has met all standards and burdens of proof <br />regarding the Board's appropriation of the Instream Flow water <br />right requested in the Application filed in this case, and is <br />therefore entitled to a Ruling confirming and approving its <br />Instream Flow water rights as more fully described in paragraph 3 <br />above. <br /> <br />JUDGMENT AND DECREE <br /> <br />8. Incorporation of FindindS of Fact and Conclusion of <br />Law: The foregoing Findings of Fact and Conclusions of Law are <br />approved and incorporated herein by reference. <br /> <br />9. Water Riqhts Decreed: The Referee Rules and Orders <br />that subject to the terms and conditions set forth herein, the <br />subject Application is granted and the following Instream Flow <br />water right is hereby ordered, adjudged and decreed: <br /> <br />Upper seoment: 1.0 c.f.s. ABSOLUTE (May 1 - August <br />31) ; <br />0.4 c.f.s. ABSOLUTE (September 1 - April 30). <br /> <br />Lower seqment: 2.0 c.f.s. ABSOLUTE (May 1 - August <br />31); 1.0 c.f.s. ABSOLUTE (September 1 - April 30). <br /> <br />for the purpose of maintaining an Instream Flow to <br /> <br />4 <br />