WSPC12924

• File Number: 8230.400.31.F
• Description: Avon RICD
• State: CO
• Title: Related Reports
• Water Supply Pro - Doc Type: Report/Study

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this decree the quantification of reserved water for M&I uses allocated to the Southern
Ute Indian Tribe in the 1991 Consent Decrees at subparagraph 7.A.i.a. Applicant's Ex.
2&3 (1991 Consent Decrees) at Stipulation for a Consent Decree.

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d. The bypass flows are part of ALP's operational requirements and are not a
component of the Ute Tribes' decreed water rights. This Court has determined that it
does not have jurisdiction to review or enforce such commitments in these cases.
Nevertheless,ifBOR determines to decrease any seasonal component of the bypass flow
r~quirements, the United States shall notify the Court, the State, and potentially affected
water users through the resume process of that fact and the specifics of such change
reasonably in advance of such a final decision.

e. The United States, acting for the benefit ofthe Ute Mountain Ute Tribe,
and the Ute Mountain Ute Tribe, shall file a report to this Court in January of the year
2009, and every sixth calendar year thereafter, demonstrating progress in applying its
reserved water rights to beneficial use. All persons who may be affected by any proposed
use shall be notified of the proceeding.

f. The United States, acting for the benefit of the Southern Ute Indian Tribe,
and the Southern Ute Indian Tribe, shall file a report to this Court in January of the year
2009, and every sixth calendar year thereafter, demonstrating progress in applying its
reserved water rights to beneficial use. All persons who may be affected by any proposed
use shall be notified of the proceeding.

g. The Court hereby retains jurisdiction pursuant to c.R.S. ~ 37~92-304(6),
and this decree shall be subject to reconsideration of the question of injury, through
December 31, 2012.

DATED this ninth day of November, 2006.

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BY THE COURT:

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Gregory . L an
District Court Judge