Settlement Agreement Draft May 2005

• Description: Settlement Agreement Draft May 2005
• State: CO
• Basin: Yampa/White/Green
• Water Division: 6
• Date: 5/13/2005
• Author: Steamboat Springs
• Title: Settlement Agreement Draft May 2005 - Steamboat Springs RICD
• Water Supply Pro - Doc Type: Court Documents

DRAFT
(c) Even if no other party in Case No. 03CW86 files an opposition to
the joint motion and stipulation that is attached hereto as Exhibit 1, in the event the Water
Court does not gr ove Exhibit 1 and issue Exhibit 2 or the Water Court does _. -.
so buV4e Water Court's approval of 6xhtbit I and issuanuc o[ Exhibit 2. are subsecluently
overturned ou appeal, then iu either event the parties agree the point motion and
stipulation that is attached hereto as Exhibit 3, together with the alternative proposed'
Ruling and Decree of the Water Court that is attached hereto as Exhibit 4. shall
autotnaticatly be deemed pending bet )re the Water Court as the siogu[ar joint application
of Lhe �artics.
2. No Opposition/Pending Cases.
(a) Upon execution of this Agreement, the City will withdraw its
opposition from the applicatio4 filed by the Upper, Yampa Water Conservancy District in
_.
Water Court Case No,Q3CW53, Water Division Si-.,
(b) [agreement to withdraw opposition to Morrison Creels District
and Halloran cases and not oppose future diligence and absolute applications -for _ _
existing water rights of these entities]
3. No Opposition/Future Cases.
(a) The City agrees not to oppose any future application for diligence
for the water rights which are the subject of Case Nq„ 9CWl�t� and 03CW53�
Division No. Ct, or any future application to make any oFthese water rights absolute or to
chaluiy ofthcs water rights.
Deleted: s
• 1
- Deleted: —
Deleted :95CW and
Deleted: l
Deleted: a
___._._....--- ._.._..._.......
Deleted: s _
C Deleted: 5 4
{ Deleted:
Deleted:
(b) The City agrees not to oppose any future applications filed by the
Upper Yampa Water Conservancy District to change any_porlion ofAe Pleasant Valley ....- Deleted: the point ofdiversionor
[teselvoir_water ri h cereed in Water District No, 5R- civil Action .9) (3, Routt_C ounl
storage of _
- � Deleted: s _
District .,Couz
n as modified by Decree entered in_Cgse No W( ?_)463_76.- Water Division — —
__._. _
No. 6. in any manuar in conjtuictioa with location of -sWjaj c within the Morrison Creels [beleted: [describLl
drainage basin and any use above the Boating Park RICD o['any water stored theretinder. { Deleted: to a ideation J
(c) The City agrees that any decree entered by the Water Court in Case
No. 03CW86 for the Boating Park RICD may not be used as a basis to oppose, and the
Boating Park RICD need not be protected from injury in connection with, any fixture
application for water rights, change of water rights, diligeGtcyto make.,absolrlte, or
approval of a plan for augmentation or exchange filed by
_• any peron or entity, sources and
-
for which are located within the following drainage basins or areas:
(1) the Yampa River and its tributaries from a point at the
current gage located immediately downstream of Stagecoach Reservoir to the headwaters
of the Yampa River (the "Upper Yampa Excluded Area ");
M056