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Last modified
8/11/2009 11:38:41 AM
Creation date
9/30/2006 9:57:59 PM
Metadata
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Publications
Year
1992
Title
Transmountain Diversions in 1992 and Arapahoe County Transmountain Litigation of Gunnison River Water
Author
Hillhouse/Hultin/Spaanstra, P.C.
Description
Presentation addressing considerations applicable to a proposed substantial transmountin diversion project and issues about the Gunnison River litigation
Publications - Doc Type
Historical
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<br />and Perkins Sams who owns the decree in W-1991. <br />addresses this issue as follows: <br /> <br />The Court <br /> <br />a. The water right in case W-1991 was found by this Court <br />to be a valid right in separate litigation, see: Decree of <br />March 25, 1991, in case 90-CW-92. The dispute between the <br />parties arises however over the fact that as a Protestant in <br />case 82-CW-340, Sams entered into a stipulation which reduced <br />the amount of the minimum instream flows which would flow in <br />the Taylor River below the Taylor Park Reservoir. In spite of <br />the Opposers' position otherwise, the Court concludes that <br />both Sams and the Applicant are bound by the terms of said <br />stipulation as it is incorporated in the decree in 82-CW-340, <br />and that as a result, Sams has no right to require that his <br />minimum in-stream flow right be modelled in the quantity of <br />445 c.f.s. <br /> <br />b. However, the Court concludes that the provisions of the <br />decree in 86-CW-203 control the streamflows in the Taylor <br />River below Taylor Park Reservoir, rather than the provisions <br />of the decree in 82-CW-340. This is true because the United <br />States Bureau of Reclamation and the Uncompahgre Valley Water <br />Users Association, the entities who are charged with the <br />responsibility of releasing water into the Taylor River from <br />the Taylor Park Reservoir, were not parties to the stipulation <br />in 8.2-CW-340, and thus they are not bound by said stipulation, <br />nor is the Gunnison District to whom the rights in 86-CW-203 <br />were decreed. In fact, the stipulation and the decree in 82- <br />CW-340 recognized that said entities were not parties (see <br />FIll, 1.E.2). . Further, the parties to the stipulation <br />recognized that the Bureau and the UVWUA "have primary control <br />over releases from the Taylor Park dam pursuant to the water <br />storage right decree on April 29, 1941 in the amount of <br />111,260 acre-feet and the August 28, 1975 Taylor Park Reser- <br />voir Operation and Storage Exchange Agreement." (see 1[VIII, <br />1.E) Under the stipulation, NECO optimistically indicated its <br />intent to release water from the Union Park Reservoir into the <br />Taylor Park Reservoir in a manner cooperative with the <br />enti ties in charge of the latter reservoir, but nothing in the <br />stipulation bound the Bureau and/or the UVWUA to make releases <br />in the amounts contemplated by the stipulation and the decree <br />in 82-CW-340. <br /> <br />c. Rather the Bureau and the UVWUA are responsible for <br />making appropriate releases of water under the terms of the <br />1975 Exchange Agreement (which also includes the Gunnison <br />District and the River District). The decree in 86-CW-203 <br />recognized the release practices which said parties have <br />utilized under the 1975 Agreement, and said decree adopted <br />those practices and gave them the force of law. (See: i153(g) <br />below) So said entities must now conform to the provisions of <br />the decree in 86-CW-203 and make releases pursuant to the <br />optimum stream flows prescribed in said decree, rather than <br />thestreamflows contemplated by the decrees in 82-CW-340 and <br />W-1991. <br /> <br />49 <br />
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