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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

decreed instream flow amount is 72.5 cfs from April 1 through August 14, and 47.5 cfs
from August 15 through March 31. In the 01 CW106 decree, dated December 8, 2003, and
stipulation between UYWCD, US DOI, Trout Unlimited, and CWCB, dated July 19,2001,
all parties agreed that the ISF on the Yampa River relies on flows from Morrison Creek
as follows: "The Board has determined that water is available for the full amount
decreed herein, taking into account the operation of Stagecoach Reservoir consistent
with its existing federal permits and/or licenses, the inflows into Stagecoach Reservoir
from the Yampa River, and the inflows from Morrison Creek and side tributaries below
Morrison Creek." In light of the 01CW106 decree and stipulation, any decree entered in
either of the two pending cases shall contain the following provisions:
a. In the event of a call placed by the Colorado Water Conservation Board for
its instrearn flow right on the Yampa River decreed in Case No. 01CW106,
which call is recognized and administered by the Division Engineer, the
District shall maintain a bypass flow through the Morrison Creek
Reservoir as the lesser of 1) the natural inflows to the Reservoir, or 2) the
amount necessary to bring the Yampa River flow just downstream of the
confluence with Morrison Creek up to the decreed instrearn flow amount,
after taking into account the curtailment of any junior rights on Morrison
Creek and the Yampa River as a result of such call.
b. If the existing DWR gage on Morrison Creek at the reservoir site is
inundated by the applicant's project, applicant agrees to move the gage to
a location on Morrison Creek downstream of the reservoir for which the
Division of Water Resources or Colorado Water Conservation Board has
obtained a legal right to permanently place and maintain such gage. The
relocated gage shall maintain its current configuration with a satellite
monitoring system.
c. Applicant agrees, for purposes of this Stipulation, to grant the CWCB
reasonable access to any measuring devices on Morrison Creek or
Morrison Creek Reservoir that are installed by Applicant and come within
Applicant's possession or control.
6. This Stipulation is entered into by way of compromise and settlement of
this litigation and any agreement by the CWCB not to oppose entry of this proposed
decree shall not be construed as a commitment to include any specific finding of fact,
conclusion of law or specific engineering methodologies or administrative practices in
future stipulations or as binding on the CWCB other than in the current proceeding.
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07CW61 AND 07CW72 (W. D. 6) STIPULATION AND AGREEMENT
CWCB