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<br />. <br /> <br />. <br /> <br />'. <br /> <br />90CW305 <br />Water Div. 5 <br /> <br />c. Amount of water appropriated: <br />ABSOLUTE (May 15 September 15); <br />ABSOLUTE (September 16 - May 14) . <br /> <br />8.0 <br />5.0 <br /> <br />c.f.s. <br />c.f.s. <br /> <br />d. Appropriation 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 ~~ 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: The following shall <br />be the terms and conditions of this decree: <br /> <br />a. The Englewood Cabin-Meadow Creek Diversion and <br />Storage System, based upon water rights originally <br />adjudicated in CA657, Grand County District Court, <br />and further defined in Consolidated Civil Case Nos. <br />2782, 5016, and 5017, United States District Court <br />for the District of Colorado, and W-750-78, <br />District Court for Water Division No.5, are senior <br />to the CWCB's Instream Flow water right described <br />above in paragraph 3; <br /> <br />b. Certain bypasses are made by Englewood in <br />order to comply with Englewood-USFS Stipulation <br />minimum flow requirements in Meadow Creek, Hamilton <br />Creek, and Cabin Creek; <br /> <br />c. The operation of the Englewood Cabin-Meadow <br />Creek Diversion and Storage System, pursuant to the <br />water rights originally adjudicated in CA657, Grand <br />County District Court, and further defined in <br />Consolidated Civil Case Nos. 2782, 5016, and 5017, <br />United States District Court for the District of <br />Colorado, and W-750-78, District Court for Water <br />Division No.5, may result in instream flows which <br />are insufficient to satisfy the CWCB's Instream <br />Flow water right described above in paragraph 3; <br /> <br />d. The CWCB's Instream Flow water right described <br />above in paragraph 3 is not in addition to any of <br />the minimum flow requirements contained in the <br />Englewood-USFS Stipulation; and <br /> <br />e. The CWCB's Instream Flow water right described <br />above in paragraph 3 shall not constitute a basis <br />