Arkansas River Division 2 Chaffee County RICD 2-12CW107 Stipulation and Agreement

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Water Division 2,Colorado Case No. 12CW107 RULING OF THE REFEREE/DECREE OF COURT Page 4 are for the amounts and for the time periods set forth below,as measured at the Wellsville gage below the City of Salida: Time March 15—Thursday Friday before the Period before the last Monday in last Monday in May July 1 Aug. 15— May —June 30 Aug. 15 Nov. 15 Flows 250 700-1800 700 250 • (cfs) (adjustable) The adjustable flow rate from the Friday before the last Monday in May through June 30("High Flow Period")is determined by the County each year, at its sole discretion,but in consultation with the City of Salida and the Town of Buena Vista. Specifically, on or before April 1 of each year,the County shall notify in writing the Division Engineer, and any party that requested such notice, of 8 days in June during the High Flow Period when the water rights for the RICDs shall be 1,800 cfs("Event Days"). Similarly, on or before May 10 of each year,the County shall notify in writing the Division Engineer(and any party hereto that has requested such notice)of up to 30 consecutive days within the High Flow Period during which the RICD water rights shall be limited to 1,400 cfs (30-Day Period"),except for the 8 Event Days which shall fall within that 30-Day Period. Event Days do not need to be consecutive,but must occur on days when boating events are scheduled for one or both Boating Parks and/or on any day preceding such events, and must occur in the month of June. During the remainder of the High Flow Period that is not part of the 30-Day Period,the RICD water rights shall be limited to 700 cfs. (e) Beneficial Uses: The decreed beneficial uses for the RICD at each structure are boating, kayaking,tubing,rafting, floating, and canoeing. 6. Reduced RICD Calls. By settlement agreement in Case No. 04CW129,the County agreed that under certain defined circumstances, it shall reduce its call under the RICD water rights in order to facilitate certain"Recovery Year Exchanges"and"Limited Future Exchanges"by some of the Objectors in Case No. 04CW129. The specific circumstances in which the County agreed to reduce its call under the RICD water rights to allow such exchanges, as well as the conditions and limitations placed upon such exchanges and reduced calls,are described in the decree entered in Case No. 04CW129 and are set forth in detail in the Memorandum of Understanding("MOU")dated July 24, 2006,among the County and various Objectors in Case No. 04CW129,a copy of which is attached to this Decree as Exhibit B,and set forth in separate stipulations between Applicant and certain Objectors entered in Case No. 04CW129. This decree does not in any way modify the reduced RICD call provision in the 04CW129 decree,and consistent therewith,paragraphs 2—5 of the MOU and the aforementioned separate stipulations are incorporated herein. 58219