6-01CW106 Decree + Stipulation

• Case Number: 01CW0106
• Stream Name: Yampa River
• Water Division: 6
• Instream Flow App - Doc Type: Final Decree/Stipulations

degree.
OICW106
Water Div. 6
4. Legal description of the stream segment through which an instream flow is claimed:
The natural stream channel from the confluence with Morrison Creek at latitude 40° 17'
23 "N and longitude 106° 48' 55 "W as the upstream terminus and extending to the inlet of
Lake Catamount at latitude 40° 20' 47 "N and longitude 106° 48' 29 "W as the downstream
terminus, being a distance of approximately 5.4 miles. This segment can be located on the
Blacktail. Mountain U.S.G.S. quadrangle.
5. Use of the water: Instream flow to preserve the natural environment to a reasonable
6. Date of initiation of appropriation: July 24, 2001.
7. Beneficial use: Water was first applied to beneficial use on July 24, 2001 pursuant to
sections 37 -92 -102 (3),103 (3) and 103 (4), C.R.S. (2001).
8. Amount of water claimed (ABSOLUTE): Instream flow of 72.5 cfs (April 1 — August
14); 47.5 cfs (August 15 — March 31).
9. The water rights of the Upper Yampa Water Conservancy District that have been
decreed conditional or absolute for diversion to, storage in, or use in or from Stagecoach
Reservoir, including the additional use of augmentation as may be decreed in Case No. 01CW41,
Water Division No. 6, and including any existing decreed conditional water right that is made
absolute in connection with enlargement of Stagecoach Reservoir, are senior in priority to the
instream flow water right decreed herein. The water right of the Upper Yampa Water
Conservancy District out of Morrison Creek as decreed in Case No. 94CW149 is senior in
priority to the instream flow water right decreed herein.
10. The Board has determined that water is available for the full amount decreed herein,
taking into account the operation of Stagecoach Reservoir consistent with its existing federal
permits and/or licenses, the inflows into Stagecoach Reservoir from the Yampa River, and the
inflows from Morrison Creek and side tributaries below Morrison Creek. However, the Board
recognizes that the Upper Yampa Water Conservancy District's water rights in Stagecoach
Reservoir are senior in priority to the instream flow water right decreed herein, and that the
operation of the Stagecoach Reservoir and Dam, as it now exists and may hereafter be enlarged
under its existing decrees as of July 19, 2001, in accordance with all applicable permits and
licenses may limit the availability of water for this instream flow water right.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
The application is granted and a decree (ABSOLUTE) in the amount of 72.5 cfs (April l
— August 14); 47.5 cfs (August 15 — March 31) is entered to preserve the natural environment to
a reasonable degree through the stream segment as described in paragraph 4 above. The
appropriation date for this water right is July 24, 2001.