4-06CW231 Coal Creek Final Decree/ Stipulations

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THE WATER REFEREE RULES: The application is granted and a decree (ABSOLUTE) in the amount of Instream flow of 21 cfs (Feb. 15 — Mar. 31); 39 cfs (Apr. 1— July 14); 21 cfs (July 15 -Nov. 14); and 18 cfs (Nov. 15 — Feb. 14) is hereby entered to preserve the natural environment to a reasonable degree in the reach of Coal Creek between the upstream and downstream 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 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 of the Application contains the provisions of Paragraphs 2(a) -(3) of Stipulation entered into between the Applicant and Ragged Mountain Water Users Association ( "RMWUA ") following 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 RMWUA Stipulation following the 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 date. 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 those claimed in Case No 06CW59, the CWCB agrees that the ISF water rights proposed on the Anthracite Creek and Coal Creek will not be used as a basis to oppose any future application for a change in point of diversion or change in place or places of storage of the water rights claimed in Case No 06CW59, provided that the total amount of water stored under any such change does not exceed 12,669 AF. In addition, RMWUA agrees, pursuant to ISF Rule 7, that should the Board determine that a future change in point of diversion or change in place or places of storage of the water rights claimed in Case No. 06CW59, may inundate the instream flows on Anthracite and Coal Creeks, Staff may file