6-07CW120 Final Decree/Stipulations

Home Browse Search

Creek between the upstream and downstream terminus points described in paragraph 4 above. The appropriation date for this water right is December 31, 2007. The priority herein awarded was filed in the water court in the year of 2007 and shall be junior to all priorities filed in previous years. As between all rights filed in the same calendar year, priorities shall be determined by historical date of appropriation and not affected by the date of entry of ruling. The Applicant shall install and maintain such measuring devices and keep such records as the Division Engineer may require for administration of this right. OTHER TERMS AND CONDITIONS Paragraph 7 (a) through (c) of the Application contains the conditions entered into between the CWCB and Vermillion Ranch Ltd. Partnership ( "Vermillion ") through the Board's administrative process to resolve issues with the CWCB's application. The intent of the CWCB staff and Vermillion is for these terms and conditions to be included herein in the resulting decree. A. The CWCB acknowledges and agrees that the instream flow water right applied for herein is subject to the surface water and storage rights applied for in Case Nos. 07CW88 and 07CW94. In addition, the CWCB agrees not to oppose any changes in location of these storage rights as long as the amount of water stored, the season of use and the type of use remain consistent with the original decree and as long as there is no inundation of the instream flow water right applied for herein. B. In addition, pursuant to section 37- 92- 102(3)(b), C.R.S. (2006), the CWCB acknowledges and agrees that the instream flow water right applied for herein is subject to uses existing at the time the CWCB made its appropriation and shall be administered as junior to those uses. The CWCB acknowledges that the historic practice of livestock watering directly from Beaver Creek in the amount of 25 acre -feet per year at a maximum instantaneous withdrawal rate of .03 cubic feet per second was occurring at the time the CWCB appropriated the instream flow water right applied for herein. C. Except as provided in Paragraphs A, B and C herein, CWCB shall fully enforce the instream flow water right applied for herein against future appropriators pursuant to § 37 -92- 102(3) C.R.S. and shall exclude this stream reach from the application of Rule 8h. of the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program ( "De Minimis Rule "). It is accordingly ORDERED that this Ruling shall be filed with the water clerk subject to judicial review.