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Findings of Fact, Conclusions of Law, Judgement and Decree for Cases 2872, 5016, 5017, 91CW252
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Findings of Fact, Conclusions of Law, Judgement and Decree for Cases 2872, 5016, 5017, 91CW252
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Last modified
1/26/2010 4:41:20 PM
Creation date
7/24/2009 12:43:34 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.51A7
Description
Exhibits
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
3/5/1996
Author
Thomas W. Ossola
Title
Findings of Fact, Conclusions of Law, Judgement and Decree for Cases 2872, 5016, 5017, 91CW252
Water Supply Pro - Doc Type
Court Documents
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Consolidated Civil Case <br />Nos. 2782, 5016 and 5017 and <br />Case No. 9ICW252, WD 5 <br />14. Under the --=rms of the MOA, the substitution will not be <br />allocved to adversely impact the _zstream `low decrees of the <br />Colorado Water Conservation Board for the Blue River (Water Division <br />No. 5 Case Nos. 87CW293 and 87CW299) . <br />15. The substitution will occur after the starage season has <br />concluded, so that during those periods when Wolford Mountain water <br />is being released in substitution for water held by the Board in <br />Dillon Reservoir, che flow of water in the Blue River between Dillon <br />Reservoir and Green Mountain Reservoir would not be as high as it <br />would have been if water temporarily impounded in Dillon Reservoir <br />was released to complete the fill of Green Mountain Reservoir. <br />Since such a reduction in flow does not adversely impact the <br />instream flow decrees referenced in paragraph 14, such a reduction <br />in flow will not adversely affect any water rights in that reach of <br />the Blue River. The water which otherwise would have been released <br />from Dillon Reservoir, at the Secretary's direction, would have been <br />deliverable only to Green Mountain ReServoir and therefore would not <br />have been Iawfully available for diversion by any other rights. <br />16. When water is released from Wolford Mountain Reservoir in <br />substitution for what the 5ecretary would have released from Green <br />Mountain Reservoir, `he flow of the 31ue River below Green Mountain <br />Reservoir will be _ess than what :t would ctherwise have been. <br />Transmountain Hydro ?_orporation ("TMH") holds decreed water rights <br />11
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