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<br />Colorado Water Conservation Board <br />Concerning the Recommendation for Instream Flow <br />Water Rights on Specie Creek, in Water District No., 4 <br /> <br />e <br /> <br />Case No. 02ISF03 <br /> <br />STIPULATION <br /> <br />The Applicant, the Colorado Water Conservation Board (CWCB), and Objectors John & <br />Victoria Irwin, J.C. Mesa, LLC, a Colorado limited liability Company and Wolf Land Company, <br />L.P. and Party Trout Unlimited hereby stipulate !ji1d agree as follows: <br /> <br />1. The Specie Creek instream flow right begins below the J & M Hughes Ditch <br />("Hughes Ditch''). The CWCB recognizes the Hughes Ditch historic practice of diverting all <br />water upstream of the Hughes Ditch. The CWCB recognizes that, during the irrigation season <br />from April through October, the Hughes Ditch carries transbasin water diverted from Fall Creek <br />and seven subsequent tributaries to Fall Creek. The CWCR acknowledges that it is not claiming <br />return flows from transbasin water as part of this instream flow right on Specie Creek and, <br />therefore, the CWCB stipulates that it will make no attempt to place a call on return flows <br />derived from transbasin water (either' those associated with irrigation or other use(s) of the <br />transbasin Hughes Ditch water, including use on Specie Mesa lands). The CWCB also <br />recognizes that any future change(s) in use(s), or place of use, of the transbasin Hughes Ditch _ <br />water will not be subject to administration by the CWCB's Specie Creek instream flow right. .. <br /> <br />2. In addition, the CWCB,BLM and Contesting PartieslParticipants agree that the <br />point of administration for the CWCB's Specie ,Creek instream flow water right will be located <br />at a point located approximately 1.9 miles upstream of the confluence with the San Miguel <br />River, just upgradient of the third culvert crossi,ng, in the NWl/4, NEl/4, Section 7, Township <br />43 North, Range 11 West, N.M.P.M., in San Miguel County. <br /> <br />3. Signatories to this stipulation agree to withdraw their opposition to the ISF <br />application in front of the CWCB and agree not 10 oppose any water court filing for an instream <br />flow on Specie Creek so long as such Ruling offue Referee and Decree contains the verbatim <br />tenns of this stipulation. <br /> <br />e <br /> <br />Stipulation regarding Specie Creek Instream Flow 02ISF03 <br />1 <br />