BOARD00085 ‎(2)‎

• Board Meeting Date: 11/14/2006
• Description: ISF Section - Injury with Mitigation - Case No. 5-04CW238, Application of S.G. Company
• Board Meetings - Doc Type: Memo

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expert acceptable to CDOW or CWCB to evaluate S.O. Company's maintenance of the Blue
River Fish Habitat Improvements. The determination of the independent expert shall be
binding upon S.O. Company, the CDOW and the CWCB.

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5. The CWCB and S.O. Company will ~gree that S.O. Company shall have a period of30 days
after receipt of notice from the CWCB that more than 20% of the Blue River Fish Habitat
I
Improvements are not maintained in serviceable condition, to initiate the permitting, repair,
or replacement of washed out or otherwise non-serviceable improvements, and such time
thereafter as is needed to diligently complete that work. CWCB agrees that a period of 90
construction days during the May 1 to October 15 period (not necessarily consecutive)
following commencement of the work is deemed reasonable. If the work cannot be
completed in such 90 days S.O. Co~pany will request CWCB for additional time and
CWCB will give such request due consideration before enforcing its IFS right to disallow
any out-of-priority diversions under this plan.

6. The CWCB or the CD OW shall have the right to enter onto the Ranch premises, at a time
acceptable to S.O. Company, upon notice to the Ranch manager received by mail or
telephone at least ten (10) days prior to the requested entry, for the purpose of inspecting the
Blue River Fish Habitat Improvements once every five years or following a major flood
event. The current contact is Mr. Sam Gary, Jr., 1670 Broadway, Suite 3300, Denver,
Colorado 80202, 303.831.9012. S.O. Company will notify the Director of the CWCB of
changes in this contact information.

7.

As a result of the mitigation provided herein, diversion of water into the OxbowlFloodplain
Fish Habitat Improvements in accordance with the flow-sharing agreement contained in
Appendix III and the other limitations set forth herein and evaporation losses and
phreatophyte/vegetation consumptive use associated with the Oxbow /Floodplain Fish Habitat
Improvements shall not be regarded as injurious to the ISF during periods when
augmentation water is not available in priority under S.O. Company's Hamilton-Davidson
and Sarah Ditch water rights.

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8. In order to administer the terms and conditions hereof, S.O. Company will agree to
participate in the installation of a gage on the Blue River above the inlet to the
OxbowlFloodplain Fish Habitat Improvements at the existing Slate Creek Bridge within a
reasonable time after the entry ofa decree in Case No. 04CW238. Moreover, S.O. Company
will agree to fund the first $500 of said equipment with the CWCB providing the balance of
the equipment and installation cost. In addition, s.o. Company will annually pay $
for the operation and maintenance costs of the gage.

9. The proposed Decree inCase No. 04CW238 will provide that the Water Judge shall retain
continuing jurisdiction to enforce the provisions of this injury with mitigation proposal.

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