ISFAPP01486 ‎(2)‎

• Case Number: 06CW0061
• Stream Name: Yellowjacket Canyon Creek
• Water Division: 7
• Water District: 32
• County: Montezuma
• Instream Flow App - Doc Type: Final Decree/Stipulations

lb. Tn an application for any type of proposed change of a senior conditional
water righ# located upstream of this 1SE water right, the CWGB may file a
Statement of Opposition but shall stipulate to the entry of a decree if the
proposed change does not increase the contemplated draft of the original
decree. CWGB acknowledges that development of senior conditional storage
water rights are likely to include storage; of spring of the year flows that will
have an impact on this 1SF water right. Such conditional water rights shall be
allowed to be moved anywhere in the basin upstream of this TSF water right as
long as the new Eocatiott does not increase the impact to this ISF water right.
] 7. Pursuant to C.R.S. 37-92-102(3}(b), this ISF water right shall be subject to
any undecreed historic water uses, including but not limited to uses from wells
and livestock watering, being made on or before the date the CWCB
appropriated this 1SF water right, provided that such uses are documented in
writing and, when possible, confirmed by the Division of Water Resources
prior to entry of the decree herein. Sub<.~equent to the entry of a decree for the
Ycllowjacket Canyon Crcck ISF water right, if a water court application is
filed that seeks to adjudicate an historic use that ryas not acknowledged in the
CWCR's decree, the CWCB may fle a statement of opposition, but will
stipulate to the Ycllowjacket Canyon Creek ISF being subject to the historic
use provided that such use is documented in writing (e.g. well permits} and,
when possible; confirmed by the Divisicm of 'Water Resources. Subsequent to
the entry of a decree for the Yello~vjack.et Canyon Creek ISF water right, if a
water user notifies the CWCB of an unceereed historic use that was',occurring
on ar before the date the CWCB appropriated this ISF water right and provided
that such use is documented in writing and, when possible, confirmed by the
Division of Water Resources, the CV4'CB shall provide all documentation
received to the Division of Water Resoti~rces and shall not place a call against
said historic use.
18. The CWCB shall not oppose the permitting of up to 1 SO new future
undecreed domestic wells provided that (1) on-site individual septic disposal
systems are used to treat the wells' wastewater and (2} the actual cumulative
consumptive use from such wells doe'. not exceed 5.63 acre-feet per year,
because such impacts would be de minimis. If the ISF stream segment defined
herein is designated as water critical by the CDWR as a result of a call by the
ISF water right decreed herein, this ISF ;;hall not be utilized to (1) preclude the
development of new "Domestic Wells", detained as wells on less than 35 acres,
regardless of when platted, that serve one house, irrigate up to 1110 of an acre,
water domestic animals and produce no more than l5 gpm, or (2) as a basis for
rebutting the presumption established in section 37-92-602{3)(b)(IT)(A), C.R.S.
(2005) regarding wells to be permitted under that section ("602(3}(b}(li}(A)
Wells"), if the actual cumulative consumptive use from such Domestic Wells
and 602(3)(b)(Il)(A) Wells does not exceed the CWCB d~ minimis allowance
(Domestic Wells}. As used herein, the cle minimis allowance for an .ISF water
right means a depletive effect of one percent of the decreed 1SI•' amount on the