Colorado River Division 5 Silverthorne RICD 04CW217 Unopposed Motion

• File Number: 04CW217
• Description: Unopposed Motion for Approval of Stipulation
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 8/9/2006
• Author: Hill & Robbins P.C.
• Title: Unopposed Motion for Approval of Stipulation for Silverthorne RICD
• Water Supply Pro - Doc Type: Court Documents

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Town of Silveri-borne
Case No.04CW217
Page 5
8,4.4. Case No. 03CW314,Application for Approval of Existing and of
Conditional Rights of Exchange.
8.4.5. Case No. 03CW320,Application for Approval of Substitution Plan.
Applicant, in operating the water right decreed herein, shall not cause or precipitate a call or
curtailment on the existing decreed conditional or absolute rights of Colorado Springs on the
Blue River or its tributaries, directly or indirectly, as described above.
8.5 Any scheduled release of water from Dillon Reservoir for the Level Two
Flows for the Memorial Day,Independence Day, and Labor Day holidays shall be made only
after consultation with Denver Water, the Colorado Division of Wildlife("CDOW") and a
{ representative of the Gore Range Chapter of Trout Unlimited or Trout Unlimited's Colorado
Water Project, if available,concerning the impact of such release on the Gold Medal trout
fishery below Dillon Reservoir. Silverthome will seek to implement any such scheduled release
for the Level Two flows in a manner consistent with any outflow ramping guidelines or release
schedule provided by CDOW to protect the said Gold Medal trout fishery.
8.6. Stipulation with Town of Dillon("Dillon")
8.6.1 Dillon has expressed concern that any water right decreed herein
should not interfere with decreed and future use of Old Dillon Reservoir and the decreed
enlargement thereof by the Town of Dillon. Old Dillon Reservoir was originally constructed in
1939 by the Town of Dillon and has a current decreed capacity of 46.14 acre-feet. Summit
County Board of County Commissioners and the Town of Dillon jointly obtained a conditional
water right for the Old Dillon Reservoir Enlargement for 150 acre-feet in Case No. 93CW288,
and the Court has most recently made a finding of reasonable diligence in the development of
that conditional water right in Case No. 03CW036. Also in Case No. 93CW288 the Court
approved a conditional appropriative right of exchange to store up to 53.4 acre-feet of Windy
Gap water in old Dillon Reservoir and a change of water right allowing 11.87 acre-feet of Valaer
Ditch rights owned by the Town of Silverthome to be stored in the said enlargement of Old
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Dillon Reservoir. The parties agree that any water right decreed in this case will be junior and
subject to all existing absolute and conditional water rights decreed to Old Dillon Reservoir and
the decreed enlargement thereof. To the extent that a future application is filed for an
adjudication of rights of substitution or exchange to Old Dillon Reservoir or an application to
change existing decreed water rights for Old Dillon Reservoir or the enlargement thereof for the
use of Dillon,the parties agree that Silverthome will not assert injury to any water right decreed
herein as a result of such future applications,provided that the flow for any such application is
no greater than 10 cfs,and further provided that Dillon will use its best efforts to ensure that,to
the fullest extent practicable, any water right decreed pursuant to such future application(s)is
operated when such operation will not injure any water right decreed in this case.
8.6.2 Silverthome will give fair and equitable consideration toward
accommodating any new appropriation for the Old Dillon Reservoir Enlargement Project
advocated by Dillon. In advocating such future project,Dillon shall give fair and equitable
consideration toward accommodating operational terms and conditions that Silverthome believes
are necessary to prevent injury to its municipal interests.