Misc. Related Agreements

• Case Number: 02CW0106
• Stream Name: Yampa River
• Watershed: Yampa
• Water Division: 6
• County: Routt
• Instream Flow Acq - Doc Type: Misc

C Rights and Responsibilities of the Service
1) The Service agrees to accept delivery to the CWCB of the water
resources described herein and in the River District/Service Agreement
for the purpose of providing protection for flow augmentation of the
15-Mile Reach of the Colorado River for the benefit of the Recovery
Program and the listed fishes, within the safe and reasonable operation
of the proposed sources, recognizing all existing prior contract
obligations.
2) The Service has generally described the arrangements contained in this
Agreement and the River DistrictlService Agreement in the PBO.
Hence, water users which sign Recovery Agreements will thereby
agree not to oppose the use of Williams Fork Reservoir, Wolford
Mountain Resexvoir, and Dillon Reservoir for releasing Denver
Water's 5,412.5 acre-feet of water per year on an interim basis.
Recovery agreements also will limit signatories' ability to oppose water
rights which may be applied for in the future to replace such releases,
but those entities may nevertheless take actions deemed necessary to
ensure that such water rights are administered in priority and do not
cause injury to previously decreed water rights.
D Rights and Responsibilities of the CWCB
1) The CWCB will accept Denver Water's release of the 5,412.5 acre-feet
of water per year for the purpose of providing flow augmentation of
the 15 Mile Reach of the Colorado River for the benefit of the
Recovery Program.
2) The CWCB will use the water released pursuant to this Agreement only
to provide minimum streamflows in the 15 Mile Reach to preserve the
natural environment to a reasonable degree. No sale, lease, donation or
other disposal of any of the water contemplated by this Agreement will
be permitted. The CWCB shall not compromise, subjugate or
encumber the water released in any matter whatsoever.
3} The CWCB will take such action under state law, including requesting
administration by the State Engineer's Office and initiating water court
proceedings, as may be necessary to obtain delivery of the water to the
15 Mile Reach and to protect the delivery from diversion by third
parties within the 15 Mile Reach, subject to such transit losses as may
be imposed by the State Engineer or the Division Engineer for Water
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