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• Board Meeting Date: 7/21/2010
• Description: Stream & Lake Protection Section - Case Nos. 6-07CW061 and 6-07CW072: Applications of Upper Yampa Water Conservancy District
• Board Meetings - Doc Type: Memo

District also filed an application in Case No. 07CW72 for new conditional water storage
rights for the Morrison Creek Reservoir on November 29, 2007.
2. The CWCB filed timely statements of opposition to the Application in Case
No. 07CW61 on November 21, 2007 and in Case No. 07CW72 on January 31, 2008. These
cases have been consolidated for purposes of trial by Order of the Court dated, February
18,2009.
3. The District has incorporated terms and conditions into its proposed
decree as requested by the CWCB. The CWCB consents to and will not oppose entry of
a decree in this case that is no less restrictive than the decree versions dated 8-31-2009
attached hereto as Exhibits A and B, so long as the decree contains the agreed upon
language in paragraph 4 and 5 of this stipulation.
4. Any decree entered in either of the two pending cases shall contain the
following provision:
a. The CWCB holds an instrearn flow water right ("ISF") decreed, in Case
No. 77CW1328, District Court, Water Division 6, which extends upstream
from the confluence of Morrison Creek and Silver Creek. Storage in the
Morrison Creek Reservoir may inundate a portion of the CWCB's instrearn
flow right on Silver Creek. The extent of this possible inundation of the
CWCB's instrearn flow right as it relates to the proposed Morrison Creek
Reservoir is not known with precision at this time. During the permitting
process and prior to commencing construction of the Morrison Creek
Reservoir that would inundate any existing CWCB instrearn flow right on
Silver Creek decreed in Case No. 77CW1328, the District shall request and
obtain approval from the CWCB for such storage pursuant to the
provisions of 2 CCR 408-2, Section 7, or any successor regulation regarding
inundation then in effect. The District shall provide the Court and
Division Engineer, Water Division 6, with a copy of any resolution, order,
or other relevant proof, authorizing the inundation of the CWCB's
instrearn flow right. Inundation shall not be allowed absent such approval
and notice to the Court and Division Engineer, so long as the CWCB
instrearn flow right decreed in Case No. 77CW1328 remains in effect.
5. The CWCB holds an instrearn flow ("ISF") on the Yampa River decreed in
Case No. 01CW106, District Court, Water Division 6, which extends downstream from
the confluence of Morrison Creek to the inlet of Lake Catamount Reservoir. The
07CW61 AND 07CW72 (W. D. 6) STIPULATION AND AGREEMENT
CWCB