Laserfiche WebLink
decreed heni'1 is consistent with that decision and with senate Rill A 1 -216 as construed in that <br />decision. <br />7. Terms and Conditions. In order to accomplish the terms of the stipulations among the <br />parties as referred to in paragraph 5 above, and in order to facilitate administration by the <br />Division Engineer. Water Division No. 6, the following terms and conditions shall apply: <br />a. Measurement and Administration. The City shall install, operate and maintain at <br />its expense all necessary gagoa mid measuring devices as reasonably required by the Division <br />Engineer to administer this decree, and shall report at reasonable times to the Division Engineer <br />the readings from such gages and measuring devices. Without limiting this requirement, before <br />the City may make a call on the Yampa River for tlic Boating Park RICD, and before the Boating <br />Park RICD may be administered by the Division Engineer, the City shall install, operate and <br />maintain at its cost a stream gage, or measuring device, which will continually record flows and <br />automatically calculate an average daily now reading on Butcher Knife Creek near its <br />confluence with the Yampa River and on Soda Creek near its confluence with the Yampa River; <br />or as an alternative, the City shall install, operate and maintain at its cost a stream gage, or <br />measuring device, which will continually record flows and automatically calculate an average <br />daily flow reading, on the Yampa River at or near the 13th Street Bridge between Charlie's Hole <br />and D Hole as described herein. Also, on each day the City desires to make a call, the City may <br />either (1) record the average daily flow reading(s) at the gage(s), and deliver a written report of <br />the average daily flow reading(s) to the Division Engineer's Office, or communicate such reports <br />in a manner approved by the Division Engineer; or (2) install data collection platform(s) with <br />satellite transmitting capability that can transmit the average daily flow reading(s). <br />b. NO OppositiunfFuUue Cries. The City agrccs that the Decree entered in this case <br />for the Boating Park RICD may not be used as a basis to oppose, and the Boating Park RICD <br />need not be protected from injury in connection with, any future application for water rights, <br />change of water rights, diligence, to make absolute, or approval of a plan fur auguianiation or <br />exchange filed by any person or entity, the sources for which are located within the following <br />drainage basins or areas (all of which are herein collectively called the "No Opposition Basins "): <br />(i) the Yampa River and its tributaries from a point immediately <br />upstream of the confluence with Morrison Creek to the headwaters of the Yampa River; <br />(ii) Morrison Creek and its tributaries from a point immediately <br />upstream of the mouth of Morrison Creek to the headwaters of Morrison Creek: and <br />(iii) Oak Creek and its tributaries from a point immediately upstream of <br />the mouth of Oak Creek to the headwaters of Oak Creek, and including water imported into Oak <br />Creek from Trout Creek and the return flows therefrom. <br />Except as modified by agreement with the City, the restriction of this paragraph <br />7.b. does not impair the City's ability to file a statement of opposition to any future changes of <br />[(Cp7.j6 <br />