Prehearing Statement of the Town of Dillon

• File Number: 8230.51A2
• Description: Objectors' Prehearing Statements
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 1/1/3000
• Author: Town of Dillon
• Title: Prehearing Statement of the Town of Dillon
• Water Supply Pro - Doc Type: Litigation

Case No. 87CW392
Page 9
to construct such a well is obtained by consent of the landowners or the exercise
of the power of eminent domain by a person having the power of eminent domain
under law.
VI. STIPULATIONS AND FINDING OF NO INJURY
18. Stipulation with the Colorado Water Conservation Board: Applicant and the
Colorado Water Conservation Board ("Board") entered into a Stipulation dated
October 25, 1988, regarding their respective water court cases. Specifically,
Applicant has agreed to abide by the following relevant terms and conditions in
the operation of this augmentation plan and exchange, provided that if the
Applicant abides with the following terms and conditions, the Board's water
rights shall not prevent or cause the curtailment of diversions under this
decree.
i. The maximum consumptive use of water from Straight Creek or the
Blue River under this plan for augmentation and exchange, the priority applied
for in Case No. 86CW329 and the Application in Case No. 86CW330 in any single
winter month (October 1- February 29), shall be no greater than four acre feet
per month.
ii. The maximum consumptive use of water under this plan for
augmentation and exchange, the priority applied for in Case No. 86CW329 and the
Application in Case No. 86CW330 from Straight Creek or the Blue River during
March shall be no greater than five acre feet per month.
iii. So long as Dillon utilizes the Dillon/Silverthorne Joint Authority
Wastewater Treatment Plan or another central wastewater treatment plant, which
return effluent at or above the present outfall of the Dillon/Silverthorne Joint
Authority Wastewater Treatment Plant, consumptive use as specified in ji. and
qii. above shall be determined to be 5% of raw water diversions.
iv. No portion of Dillon's 45 acre foot allocation from the Denver/
Summit County Agreement may be used for snowmaking.
v. During the months of October through March, no portion of Dillon's
45 acre foot allocation from the Denver/Summit County Agreement may be diverted
to storage.
vi. To the extent streamflows in Straight Creek or the Blue River are
less than the instream flow amounts decreed in Case Nos. 85CW648, 87CW293, and
87CW294, and, to the extent Dillon's diversions above the instream flow segments
decreed in the above cases which are not being satisfied exceed the 3.5 cfs
decreed to the Straight Creek Ditch right in Case Nos. W-12, W-13, and W-402 in
the District Court for Water Division No. 5, State of Colorado, the maximum
diversion rate shall not exceed 2 cfs and the maximum annual diversion shall be
no greater than 300 acre feet; provided that these limitations shall not limit
the storage decree for Old Dillon Reservoir and the direct flow decree for the
Dillon Ditch, both decreed in Civil Action 1803 on March 10, 1952, in the
District Court for Summit County, State of Colorado.
vii. Dillon's use of Green Mountain Reservoir to replace or augment
upstream depletions is predicated upon the completed construction of the stream
habitat improvement structures on the Blue River downstream from Dillon Dam in
accordance with specifications provided by the Division of Wildlife. The costs