5-90CW308 Final Decree + Stips

• Case Number: 90CW0308
• Stream Name: Fraser River
• Water Division: 5
• Instream Flow App - Doc Type: Final Decree/Stipulations

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Case No. 97CW290 and 98CW97 (Consolidated)
STIPULATION
SolVista, Inc., et al.
Page 2
appropriation date of December 18, I972; and a 5.0 cfs exchange right (1.78 cfs absolute and 3.22
cfs conditional) utilizing Windy Gap water from Granby Reservoir or Gunsight Pass Reservoir to
said four wells with an appropriation date of July 'l 1, 1990. SolVista also owns the following water
rights: Lake Val Moritz conditionally decreed in Case No. W -2119 for 520 acre feet of water for
municipal., *commercial, industrial, domestic, irrigation, recreation, snowmaking, fish and wildlife
propagation and all other beneficial purposes with an appropriation date of June 19,1972; and the
Westman No. 1 Ditch decreed in Case No. 83CW334 in the amount of 1.0 cfs.
3. . CWCB agrees that the instream flow right to be decreed in Case No. 90CW308 is subject to
and shall be administered as junior to the water rights described in .paragraph 2 above. CWCB
further acknowledges that the water rights decreed to the Val Moritz Well Nos. 1 through 4 are
decreed for a total diversion of 4.4 cfs under the decree entered in Case No. W -1748, and for
diversion by exchange of up to 6.0 cfs under the decree entered in 90CW236. CWCB agrees it will
not exercise the instream flow right decreed in Case No. 90CW308 in such a manner as to impair
augmentation operations and exchange operations by SolVista and the District pursuant to the
augmentation and exchange decrees described in paragraph 2 above.
4. The Application in Case No. 97CW290. (which has been consolidated with Case No.
98CW97) is for certain water storage rights, ground water rights, surface water rights, change of
water rights, change of the 90CW23 6 decreed exchange (for diversion at additional alternate points)
and for final approval of the. plan for augmentation in Case No. W -1881. The application in
98CW97 is for afinding of compliance (diligence), as requiredby the decrees in Case Nos. W- 1881;
80CW297, 82CW043 and 82CW181 (consolidated); 88CW212 -and 92CW83. Specifically, in
98CW97, Applicants seek a decree finding that the pattern and progress of the development of the
resort project and use of water therefor remain in compliance with the said decrees. The CWCB is
an Objector in the 97CW290 and 98CW97 consolidated cases.
5. To prevent injury to the said 90CW308 instream flow right, SolVista and the District agree
that the water rights and changes of water rights claimed and to be decreed in Case No. 97CW290
will be exercised in accordance with the terms and conditions described more particularly in
paragraphs I.14,1.21, I.24 and I.28 of the proposed *decree in Case Nos. 97CW290 and 98CW97
(Consolidated), which decree is attached hereto ' as Exhibit A and incorporated herein by this
reference. The CWCB consents to entry of a decree that contains terms and conditions no less
restrictive on the Applicants than the decree attached as Exhibit A hereto.
6. .The District is in the process of its water resource engineering review of the proposed decree
in 97CW290 and 98CW97 (Consolidated), and reserves the right to propose revisions thereto.
7. SolVista agrees to provide the CWCB with any and all revised decrees in the 97CW290 and
98CW97 consolidated cases, so that the CWCB can determine whether such decrees are no less
restrictive than the one attached as Exhibit A. The CWCB shall remain a party to this case to ensure