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. . , 90CW305 Water Div. 5 for modification of the bypasses required of Englewood under the Englewood-USFS Stipulation. f. The CWCB acknowledges that the instream flow water right (as sought herein) is junior to the conditional water rights for Little Beaver Reservoir, Little Beaver Pipeline No.1, and Little Beaver Pipeline No.2, all of which rights were decreed May 31, 1972 in CA1768, Grand County District Court. The CWCB will not oppose the perfection of, or applications for diligence for, these conditional water rights. g. Denver is the owner and user of senior water rights and owns and maintains diversion structures above the instream flow segment that is the subject of this application. Denver's water rights are both absolute and conditional. Denver diverts water from the Ranch Creek, either directly or by exchange, under decrees entered in Civil Action Nos. 657 and 1430. The CWCB recognizes and will not contest that these water rights are senior to its instream flow appropriation. Nor will the CWCB oppose the perfection of or application for finding of diligence for these senior conditional water rights. Further, the CWCB will not claim or assert injury to its water rights from Denver's operation of its senior rights at the existing points of di version located on this instream flow segment. Moreover, the CWCB will not prevent Denver's operation of it's senior rights at the existing points of diversion located on the subject instream flow segment. "Denver's Operation" shall include any operations, maintenance, repairs, or replacements of the diversion structures and their appurtenant structures as determined necessary by Denver. CONCLUSIONS OF LAW 5. Jurisdiction: The Referee has jurisdiction over this proceeding. The CWCB has complied with the required statutory requirements, full and adequate notice of CWCB's claims have been given in the manner required by law and no additional notice needs to be given. The Court has jurisdiction over the subject matter and over all persons with standing to become parties in this case, whether they have appeared or not. 6. Incorporation of Findinqs of Fact: The foregoing findings of fact are incorporated herein to the extent that they constitute conclusions of law.