Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005

• Description: Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
• State: CO
• Title: Case No. 03CW86 Findings of Fact, Conclusions of Law and Decree of the Court 2005
• Water Supply Pro - Doc Type: Court Documents

t(a) j Uinstall and maintain at its cost a flow pleasuring device satisfactory to the Division
Engineer on Soda Creels near its confluence with the Yampa River and on Butcher Knife Creek
near its confluence with the Yampa River, so that the flows contributed from such tributaries
may be accounted for along with the flows of the Yampa River at the 5th Street bridge gage, or
toftl(LiA install and maintain at its cost a flow measuring device satisfactory to the Division
Engineer on the Yampa River at the 13th Street bridge between ttlic two structures-described-in
t Charlie's Hole and D -Hole
IL. No Opposition /Future Cases.
J The City agrees not to oppose any future application for diligence for
the water rights which are the subject of Case No 94CW149 and 03CW53, Water
Division No 6 or anv future application to make anv of these water rights absolute
or to change any of these water rights.
ii The City agrees not to oppose any future applications filed by the
Upper Yampa Water Conservancy District to change ..any portion of the Pleasant
Valley Reservoir water right decreed in Water District No. 58, Civil Action 3926,
Routt County District Court, as modified by Decree entered in Case No.
WO-946-76, Water Division No 6, in any manner in coniunction with location of
storage within the Morrison Creek drainage basin and any use above the Boatin
Park RICD of any water stored thereunder.
iii The City agrees that the decree entered in this case may not be used as
a basis to oppose, and the Boating Park RICD need not be protected from injury in
connection with any future application for water rights, change of water right
diligence to make absolute, or approval of a plan for augmentation or exchange
filed by any person or entity, the sources for which are located within the following
drainage basins or areas_ (all of which are herein collectively called the "Excluded
Basins"
M the Yampa River and its tributaries from the Lower Stagecoach Gage
to the headwaters of the Yampa River (the "Yampa River Excluded Area" );
W Morrison Creek and its tributaries from the Morrison Creek Gage to
the headwaters of Morrison Creek (th a "Morrison Creek Excluded Area ");
and
M Oak Creek and its tributaries from the Oak Creels Gage to the
headwaters of Oak Creek, and including water imported into Oak Creek
Ph0841 -11-