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(4) In establishing its annual release schedule from Stagecoach Reservoir, the <br />District may elect to first release water from its Morrison Creek Pool before releasing <br />water that is stored in Stagecoach Reservoir from Yampa River Sources. The District <br />shall separately account for releases made from the Morrison Creek Pool stored in <br />Stagecoach Reservoir. Prior to any release of water from the Morrison Creek Pool in <br />Stagecoach Reservoir the District shall notify the Division Engineer's Office of the date <br />and rate of such release. After providing such notice, and to account for fluctuations in <br />releases from the Reservoir, all releases of water stored in Stagecoach Reservoir shall be <br />attributed to the Morrison Creek Pool until such time when the Morrison Creek Pool is <br />vacated or the District notifies the Division Engineer of any cessation in the rate of <br />release of water from Morrison Creek Pool or combination of releases from the Morrison <br />Creek Pool and other Yampa River Sources. Absent such notice that the District is <br />releasing water from the Morison Creek Pool, storage releases from Stagecoach <br />Reservoir will be accounted as a release of water stored in Stagecoach Reservoir from <br />Yampa River Sources. <br />B. Bypass and other requirements: <br />(1) In the event of a call placed by the Colorado Water Conservation Board <br />for its instrearn flow right on the Yampa River decreed in Case No. 0 1 CW 106, which call <br />is recognized and administered by the Division Engineer, the District shall maintain a <br />bypass flow through the Morrison Creek Reservoir as the lesser of 1) the natural inflows <br />to the Reservoir, or 2) the amount necessary to bring the Yampa River flow just <br />downstream of the confluence with Morrison Creek up to the decreed instream flow <br />amount. <br />(2) During such times when the District is filling Morrison Creek Reservoir <br />under the Pleasant Valley Project Rights as changed herein, bypasses will be made at the <br />dam of the Morrison Creek Reservoir as necessary to satisfy a call recognized and <br />administered by the Division Engineer from existing decreed water rights with priorities <br />senior to October 30, 2007, but junior to the June 29, 1959 appropriation for the Pleasant <br />Valley Project Rights, that are then diverting from points located on potentially affected <br />reaches of Morrison Creek, and the Yampa River from its confluence with Morrison <br />Creek down to its confluence with Walton Creek, but only as further described below: <br />(a) In the event of a call placed by any water right(s) located between <br />the confluence of Morrison Creek and the Yampa River and the confluence of <br />Walton Creek and the Yampa River, which call is recognized and administered by <br />the Division Engineer, bypasses will be made in the amount necessary (in <br />conjunction with other rights junior to October 30, 2007) to satisfy such a call by <br />such water right(s). <br />CASE NO. 07CW61 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, <br />AND JUDGMENT AND DECREE <br />PAGE 9 <br />