Case No. 03CW86 Joint Motion for Determination of Decree Terms May 2005

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tributaries and tributary acluifers Usti-cam from the confluence of Oak Creels with the Yam a River and all return flows from existing and future upstream diversions which enter Oak Creek above such confluence and all water im aoreted to Oak Creels from Trout Creels and all return flows from uses of such imported waters all of which is approximately 1 % to 2% of the flow at re the Boating Park The third excluded source is the aquifer of Morrison ek and its tributaries,.— but exchrdini' Morrison Creek itself. _Collectively, these sources of water are defined as the__ "Excluded Sources." 2, To ensure that the Excluded Sources of the RICD water right will not result in any adverse impact to any owner and user of water rights upstream from the Boating Park RICD, paragraph 6d of the proposed Decree provides that if a valid call is made on the Yampa River by the Boating Park RICD, then the amount of water being called will be reduced by the gaged flows from the Excluded Sources, and increased by the greater of (i) the mandatory minimum flow rate required under the then - existing federal FERC permit to be delivered by the Upper Yampa Water Conservancy District through Stagecoach Dam to the Yarnpa River below the dam, or (ii) the flow rate through Stagecoach Dam of previously stored water then being released from Stagecoach Reservoir by the Upper Yampa Water Conservancy District for delivery to contract allottees who will be diverting such stored releases downstream from the BoatingPark RICD, Such increase shall not result in the adjusted call from the RICD rights exceeding the decreed amounts in paragraph 6g of the Decree. In CIlCILlatil1I4 the "gaged flows from the excluded sources," the City and U er Yam na District have agreed to install a new measurin gage near the confluence of Oak Creek and the Yampa River (the "Oak Creek Ga e" )and a new measuring age near the confluence of Morrison Creels and the Yampa River (the Morrison Creek Gage"). With resl2ect to the excluded source of the Morrison Creek aquifer , the "gaged flows- will conclusively be presumed to be the cumulative decreed flow rates of all Junior wells or infiltration galleries taking water from the Morrison Creek aquifer, so that field measurement will not be necessar . If at the time of ally call by the Boatin Park RICD the actual diversion flow rates of future Junior wells and infiltration galleries in the Morrison Creek basin are less than the decreed flows, the City regards such fact as de minimus and added p rotection a ainst any adverse impact to Inv owner and user of water rights upstream from the Boating Park RICD. These provisions ensur that the call is not dis roportfonately placed on any future junior -- - upstream water user that diverts from a source that is not excluded. 3. Paragraph 7b of the proposed Decree provides that the, flow. of Morrison Creek and its tributaries but not the Morrison Creek aquifer, -is an included_ source for the Boating Park RICD, but shall be treated ai all times as a "Secondary_Source;' and may only be- called -at each ------ ...... - -- of tile two RICD structures cowrising. the Boating.Park RICD to the extent-nccessary.fo realize up to the following reduced flow amounts at such structures during the time period of 8:00 a.m. to 8:00 p.m. from April 15 throu h July 31 and 10:00 a.m. to 8:00 13.m. front Au ust 1 throe h August 15: Tinie April May 1- May 16- June 1- June July I- Jul 16- Aug 1- Period 15 -30 15 31 15 16 -30 15 31 Aug, 15 Flows 400 650 1000 1400 650 250 100 90 (cfs) MOT 2:9# Deleted: is Deleted: s Deleted: native Deleted: and tributary nqui rer Deleted: warerrights Deleted: by peleted: Sep: