ISFAPP01481 ‎(2)‎

• Case Number: 94CW0260
• Stream Name: Bear Creek
• Watershed: Bear Creek
• Water Division: 1
• Water District: 9
• County: Jefferson
• Instream Flow App - Doc Type: Final Decree/Stipulations

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d. Hiwan Reservoir No.5: The high water line of the left abutment of the dam is located at a point
whence the SE comer of Section 20, Township 4 South, Range 71 West, 6th P.M. bears South
76002'East, 2288 feet.

e. Hiwan Reservoir No.6: The high water line of the left abutment of the dam is located at a point
whence the NE comer of Section 29, Township 4 South, Range 71 West, 61h P.M. bears North
85009'East, 1783 feet.

f. Hiwan Reservoir No.7: The high water line of the left abutment of the dan1 is located at a point
whence the NE comer of Section 29, Township 4 'South, Range 71 West, 6th P.M. bears North
50050'East, 1244 feet.

g. Hiwan Reservoir No. 8 Fifth Enlargement: The reservoir outlet is located at a point whence the
NW comer of Section 28, Township 4 South, Range 71 West, 6th P.M. bears North 42030'West,
4480 feet.

h. Hiwan Reservoir No.9: The reservoir outlet is located at a point whence the NW comer of
Section 28, Township 4 South, Range 71 West, 6th P.M. bears North 24030'Westl 1250 feet.

i. Hiwan Reservoir No. 10: The reservoir outlet is located at a point whence the NW comer of
Section 28, Township 4 South, Range 71 West, 6th P.M. bears North 32045'West, 1930 feet.

The parties also acknowledge that in order for Genesee to store water in any of these
reservoirs, Genesee must comport with the conditions included in the decrees for Case Nos. W-
7049, W-7050, and 94CW150, including by examp~e, but not limited to the following condition:
the annual volume of water taken under Priority Nos. 11 and IS shall be limittjd to 125 acre-feet,
and the period of diversion of Genesee's share of Priorities Nos. 11 and IS shall be limited to the
period May 15 through October 31 of each year.

3. The CWCB and Genesee agree that Genesee may store all or a portion of the 125
acre-feet in any of the conditional reservoirs decreed in Case Nos. W-227, W1515, W1516, W1557,
90CW194 and 91CW112. However, in order to sto*e the 125 acre-feet in any of these conditional
reservoirs, Genesee must comply with the conditions I of the corresponding decrees.

4. Genesee may store all or a portion of'the 125 acre-feet in an on-site reservoir which
could be filled by diversions from the Genesee Pipeli'ne.

5. The CWCB and Genesee agree that if upstream reservoirs are ultimately not
feasible, Genesee may store the 125 acre feet at OJ1.e or more of the downstream reservoirs (e.g.
Soda Lakes, Bear Creek, Cooley Reservoirs). Stora~e in downstream reservoirs, however, may not
adversely affect the instream flow because the 12$ acre-foot diversion is currently decreed for
diversion at Genesee's Pipeline diversion structure.! Moving the water to a downstream reservoir

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