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5-05CW265 Final Decree/Stipulations
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5-05CW265 Final Decree/Stipulations
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Last modified
4/15/2016 11:31:49 PM
Creation date
9/8/2011 11:09:11 AM
Metadata
Fields
Template:
Instream Flow Acquisitions
Case Number
05CW0265
Stream Name
Boulder Creek
Water Division
5
Water District
36
County
Summit
Instream Flow Acq - Doc Type
Final Decree/Stipulations
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Decree <br />Colorado Water Trust and <br />Colorado River Water Conservation District <br />Case No. 05CW265 <br />Page 10 <br />diminish or amend in any way any existing absolute or conditional water rights of the <br />United States for Green Mountain Reservoir. <br />A. Entry of the Decree in this matter has no effect on the authority of the <br />United States to regulate and/or deny use of federal facilities of the Bureau of <br />Reclamation. The River District recognizes that the consideration and action on requests <br />for any necessary federal contracts and authorizations shall be carried out pursuant to all <br />pertinent statutes, regulations and policies applicable to the occupancy and use of Bureau <br />of Reclamation facilities, including, but not limited to General Reclamation Law, <br />Colorado -Big Thompson Project authorization legislation, the National Environmental <br />Policy Act, and the Endangered Species Act. <br />B. The River District agrees that the entry of this Decree shall not in any way <br />limit or affect the authority of the Bureau of Reclamation with respect to the agency's <br />consideration of and action on such requests for contracts, approvals, or authorizations. <br />The River District and the United States recognize that the authority of the Bureau of <br />Reclamation to impose terms and conditions, and/or to deny such requested contracts, <br />approvals or authorizations, is not in any way limited, affected or enhanced by entry of <br />this Decree or by agreements between the River District and others to which the United <br />States is a party. <br />C. The River District acknowledges that it cannot use C -BT Project facilities <br />as contemplated under this Decree until and unless it applies for and obtains any approval <br />of the Bureau of Reclamation necessary to allow it to store water in or utilize those <br />facilities and satisfies the terms and conditions imposed by such approvals and <br />authorizations. <br />D. The HCU Water stored in Green Mountain Reservoir under this decree <br />will not count towards the fill of Green Mountain Reservoir and may only be stored in <br />Green Mountain Reservoir if and when excess capacity is available pursuant to the terms <br />of the River District's contract with the Bureau of Reclamation. <br />15. Retained Jurisdiction. The change of water rights herein shall be subject to <br />reconsideration by the Court on the question of injury to the vested water rights and <br />decreed conditional water rights of others for a period of five (5) years after entry of the <br />decree herein. Pursuant to C.R.S. § 37 -92- 304(6) the Court may extend the period of <br />retained jurisdiction if it determines that the non - occurrence of injury shall not have been <br />conclusively established. <br />00029181 <br />
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