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ISFAPP01245
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ISFAPP01245
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Last modified
4/16/2016 12:05:36 AM
Creation date
10/5/2006 10:21:41 PM
Metadata
Fields
Template:
Instream Flow Appropriations
Case Number
90CW0294
Stream Name
Tenmile Creek
Watershed
Fraser River
Water Division
5
Water District
51
County
Grand
Instream Flow App - Doc Type
Final Decree/Stipulations
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<br />90CW294 <br />Water Div. 5 <br /> <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 CWCB has entered into a stipulation with <br />the Silver Creek Water and sanitation District <br />and that stipulation is attached as Exhibit A, <br />and incorporated herein by reference. <br /> <br />b. <br /> <br />The CWCB has entered into a stipulation <br />the Silver Creek Holding Co. and <br />stipulation is attached as Exhibit B, <br />incorporated herein by reference. <br /> <br />with <br />that <br />and <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 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 FindinGs 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 Instream Flow water rights as more fully <br />described in paragraph 3 above. <br /> <br />JUDGMENT AND DECREE <br /> <br />8. Incorporation of Findinqs of Fact and Conclusion of <br />Law: The foregoing Findings of Fact and Conclusions of Law <br />
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