4-06CW230 Anthracite Creek Final Decree Stipulations

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THE WATER REVEREC RULES: The application is granted and a decree (ABSOLUTE) in the amount of instream t1ow of 54 cfs (Apr. 1— July 14); 39 cfs (July 15 — Aug,14); wid 17 cfs (Aug. 15 — Mar. 31.) is hereby entered to preserve the natural environment to a reasonable degree in the reach of Anthracite Creek boVeen the upstream and do,.vnstream points described in paragraph 4 above. The appropriation date for this water right is January 25, 2005. The priority herein awarded was filed in the water court in the year of 2006 and shall be junior to all priorities filed in previous years. As bet;veer all rights filed in the same calendar year, priorities shall be determined by historical date of appropriation and Trot affected by the date of entry of ruling, The Applicant shall install and maintain such measuring devices and keep such records as the Division Fagiaeer may require for administration of this right. OTHER TERMS AND CCyNVITIONS S. FMWLJA Stipulation: Paragraph 7 of the Application contains the provisions of Paragraphs 2(a)-(3) of Stipulation entered into between the Applicant and Ragged Mountain Water Users Association C R.MWUA") fdllowing a hearing before the Board at its November 2006 Meeting. The terms and conditions set forth below have been revised to reflect a non - substantive change made to the RMW[JA Stipulation following klte filing of the Application. A. The CWCB acknowledges that each of the conditional storage rights claimed in the application in Case No 06CW59 would be senior in priority to the proposed ISF water rights on Anthracite Creek and Coal Creek if the storage rights claimed in Case No. 06CW59 are decreed with a 2006 priority elate. B. To the extent that the eventual development of the conditional water right claimed in Case No 06CW59 requires that the right be moved, in whole or in part, to a different location or locations within. the Anthracite and Coal. Creek basins than tliose elaimed in Case No 06CW59, the CWCB agrees that the ) SIB water rights proposed on the Anthracite Creek and Coal Creek will not be used as abasis to oppose any future application for a change in point of diversion or change in place or places of storage of the water tights claimed in Case No 06C�AT59, provided that the total amount of water stored under any such change acres not exceed 12,669 AF. In addition, R.MWUA. agrees, pursuant to ISF Rule 7, that shauld tlae Board detezxniae that a future change in point of diversion or change in place or