Findings of Fact, Conclusions of Law and Decree of the Court

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1. The Supreme Court's Gunnison Decision This Court is mindful of.the Colorado Supreme Court's recent decision in Gunnison, and finds that the Boating Park RICD right as decreed herein is consistent with that decision and with Senate Bill 01 -216 as construed in that decision. 7. Terms and Conditions In order to accomplish the terms of the stipulations among the parties as referred to in paragraph 5 above, and in order to facilitate administration by the Division Engineer, Water Division No. 6, the following terms and conditions shall apply: a. Measurement and Administration The City shall install, operate and maintain at its expense all necessary gages and measuring devices as reasonably required by the Division Engineer to administer this decree, and shall report at reasonable times to the Division Engineer the readings from such gages and measuring devices. Without limiting this requirement, before the City may make a call on the Yampa River for the Boating Park RICD, and before the Boating Park RICD may be administered by the Division Engineer, the City shall install, operate and maintain at its cost a stream gage, or measuring device, which will continually record flows and automatically calculate an average daily flow reading on Butcher Knife Creek near its confluence with the Yampa River and on Soda Creek near its confluence with the Yampa River; or as an alternative, the City shall install, operate and maintain at its cost a stream gage, or measuring device, which will continually record flows and automatically calculate an average daily flow reading, on the Yampa River at or near the 13th Street Bridge between Charlie's Hole and D Hole as described herein. Also, on each day the Citydesires to make a call, the City may either (1) record the average daily flow reading(s) at the gage(s), and deliver a written report of the average daily flow reading(s) to the Division Engineer's Office, or communicate such reports in a manner approved by the Division Engineer; or (2) install data collection platform(s) with satellite transmitting capability that can transmit the average daily flow reading(s). b. No Opposition/Future Cases The City agrees that the Decree entered in this case for the Boating Park RICD may not be used as a basis to oppose, and the Boating Park RICD need not be protected from injury in connection with, any future application for water rights, change of water rights, diligence, to make absolute, or approval of a plan for augmentation or exchange filed by any person or entity, the sources for which are located within the following drainage basins or areas (all of which are herein collectively called the "No Opposition Basins "): (i) the Yampa River and its tributaries from a point immediately upstream of the confluence with Morrison Creek to the headwaters of the Yampa River; (ii) Morrison Creek and its tributaries from a point immediately upstream of the mouth of Morrison Creek to the headwaters of Morrison Creek; and (iii) Oak Creek and its tributaries from a point immediately upstream of the mouth of Oak Creek to the headwaters of Oak Creek, and including water imported into Oak Creek from Trout Creek and the return flows therefrom. -8- tk0236