19

• Board Meeting Date: 7/11/2007
• Description: ISF Section - Willow Creek and Beaver Creek New Appropriations in Moffat County
• Board Meetings - Doc Type: Memo

BEFORE THE COLORADO WATER CONSERVATION BOARD

STATE OF COLORADO

Stipulation between the Colorado Water Conservation Board Staff and Vermillion Ranch
Ltd. Partnership

IN THE MATTER OF PROPOSED INSTREAM FLOW APPROPRIATIONS
DIVISION 6: BEAVER CREEK

The following telIDS and conditions were developed between the Colorado Water
Conservation Board ("CWCB") and Vermillion Ranch Ltd. Partnership ("Vermillion") to
resolve issues with an instream flow appropriation on Beaver Creek in Moffat County.
The intent of the CWCB staff and Vermillion are for these terms and conditions, in
exactly or substantially the same form as below, to be included in the CWCB application
to the water court for an instream flow water right on Beaver Creek. The Applicant,
CWCB, and VelIDillion, by and through their respective undersigned counsel, hereby
stipulate and agree as follows:

A. Staff will recommend that the Board approve the Stipulation between the parties
and include the terms of the Stipulation in the applications and decrees for the
proposed instream flows on Beaver Creek. So long as the Board approves the
telIDS of the Stipulation as set forth herein, and such Stipulation is included in the
applications and decrees, Vermillion agrees to not file a Statement of Opposition
in the CWCB's applications for an instream flow right on Beaver Creek.

B. The CWCB acknowledges and agrees that the instream flow water right applied
for herein is subject to the water storage rights applied for in Case No.
07CW _' In addition, the CWCB agrees not to oppose any changes in location
of these storage rights as long as the amount of water stored, the season of use and
the type of use remain consistent with the original decree and as long as there is
no inundation of the proposed instream flow water right.

C. In addition, pursuant to section 37-92-102(3)(b), C.R.S. (2006), the CWCB
acknowledges and agrees that the instream flow water right applied for herein is
subject to uses existing at the time the CWCB made its appropriation. The
CWCB acknowledges the historic practice of livestock watering directly from
Beaver Creek in the amount of 25acre-feet per year at a maximum instantaneous
withdrawal rate of .03 cubic feet per second (see attached affidavit).

D. The CWCB agrees to not oppose or protest a Ruling of Referee or Decree
proposed or issued in Case No. 07CW _, currently pending in the Division 6
Water Court, that is consistent with the terms and conditions of this Stipulation.