Concerning the application of the town of Carbondale

• File Number: 06CW077
• Description: Stipulation with the Colorado Water Conservation Board
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 7/15/2009
• Author: Town of Carbondale
• Title: Stipulation with the Colorado Water Conservation Board for Carbondale RICD
• Water Supply Pro - Doc Type: Court Documents

Districl Court, Water Div. 5, Colorado
Case . 06CW77; The Town of Carbondale
Flndin s of Fact, Conclusions of Law Ruling of Referee. Judgment and Decree
Page 4 of 9
24. Pursuant to C.R.S. § 37- 92- 502(5) (2005), the Carbondale shall install and maintain
meas ng devices, provide accounting, and supply calculations regarding the timing of
depl ions, associated with other water rights, as required by the Division Engineer.
25. The Board of Trustees of the Town of Carbondale shall determine by resolution up to
thre employees or agents of the Town who shall be authorized to place a call for the Carbondale
Gat ay Boating Park recreational in- channel water rights approved herein. Carbondale shall
pro 'de the Division Engineer with a copy of the initial resolution designated the authorized
indi iduals and each subsequent resolution changing the authorized individuals.
26. The application herein was filed in 2006 and the water rights herein confirmed shall be
a
i ni stered as filed in 2006, and shall be junior to all water rights for which applications were
file in prior years. As between water rights filed in 2006, priorities shall be determined by
his rical dates of appropriation and shall not be affected by the date of entry of this decree.
27. Pursuant to C.R.S. § 37- 92- 502(5) (2005), Carbondale shall install and maintain
me suring devices, provide accounting, and supply calculations regarding the timing of
de letions as required by the Division Engineer. The Town of Carbondale has agreed, as part of
co promise negotiations with the CWCB and the State and Division Engineers, to install and
rat a single point gage for measurement and recording of administration for the RICD water
de reed herein. In the event that this device ever becomes inoperable, the Town of Carbondale
sh 11 provide timely written notice of such inoperability to the parties in this case.In this event,
th Division Engineer may reasonably determine that an alternate gage or combination of gages
in y be used to measure and administer the RICD water rights until such time as the original
m asuring point becomes operable. If the Division Engineer reasonably determines that other
m asuring devices are necessary to administer this decree, the Town of Carbondale shall install,
o erate, and maintain at its expense all gages and measuring devices as the Division Engineer
r sonably determines to be necessary to administer this decree, and in any case shall report at
r sonable times to the Division Engineer the readings from such gages and measuring devices.
It is ORDERED that a copy of this Decree shall be filed with the Division Engineer for
ater Division No. 5 and with the State Engineer.
DATED this day of , 2009.
BY THE REFEREE:
Lain Leoniak, Water Referee
Water Division No. 5, State of Colorado