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<br />. <br /> <br />. <br /> <br />" <br /> <br />90CW283 <br />Water Diy. 5 <br /> <br />S20 T2S R76W 6PM. <br /> <br />c. Amount of water appropriated: <br />ABSOLUTE (April 15 August 31); <br />ABSOLUTE (September 1 - October 31); <br />ABSOLUTE (November 1 - April 14) . <br /> <br />2.5 <br />1.0 <br />0.5 <br /> <br />c. f.s. <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: Denver is the owner <br />and user of senior water rights and owns and maintains <br />diversion structures within the instream flow segment that is <br />the subject of this application. Denver's water rights are <br />both absolute and conditional. Denver diverts water from Iron <br />Creek, either directly or by exchange, under decrees entered <br />in civil Action Nos. 657 and 1430. The CWCB recognizes and <br />will not contest that these water rights are senior to its <br />instream flow appropriation. Nor will the CWCB oppose the <br />perfection of, or application fOr a finding of diligence for, <br />these senior conditional water rights. Further, the CWCB will <br />not claim or assert injury to its water rights from Denver's <br />operation of its senior rights at the existing points of <br />diversion located on this instream flow segment. Moreover, <br />the CWCB will not prevent Denver's operation of its senior <br />rights at the existing points of diversion located on this <br />instream flow segment. "Denver's operation" shall include any <br />operations, maintenance, repairs, or replacements of the <br />diversion structures and their appurtenant structures, as <br />determined necessary by Denver. <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. <br /> <br />Incorporation of Findinos of Fact: <br /> <br />The foregoing <br />