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7-95CW104 Stipulation - BOARD00133
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7-95CW104 Stipulation - BOARD00133
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10/14/2014 1:06:49 PM
Creation date
10/4/2006 6:32:24 AM
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Board Meetings
Board Meeting Date
11/22/1999
Description
ISF Section - Proposed Stipulations 7-95CW104
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />. <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />benefit from the E/A Plan in a manner that will not result in injury to other water users, include the <br />following: <br /> <br />(I) seventy-four (74) wells approved by the District to come under a temporary Substitute <br />Supply Plan (the "Temporary Plan") approved by the State Engineer's Office in a lener to Janice C. <br />Sheftel dated December 23, 1991, as extended in a lener to Ms. Sheftel dated December 19, 1994, <br />pending a decree in this maner. The names and addresses of the well owners allowed to come under <br />the Temporary Plan and their well locations are set forth in and shown approximately on Exhibit "B," <br />anached hereto and made a part hereof. <br /> <br />(2) future nonexempt wells pennined to be constructed and operated in tributary aquifers <br />in the E/ A Service Area or in the Dolores River System; and <br /> <br />(3) other water uses as contemplated in Exhibit "C," anached hereto and made a part hereof <br />under this E/ A Plan. <br /> <br />4. BacklITound for E/ A Plan: <br /> <br />A. The Dolores Project is a water resource development project constructed by the U.S. Bureau <br />of Reclamation under the Colorado River Storage Project Act, and operated by the District pursuant <br />to Contract No. 7-07-40-W0470 with the United States, dated September 23, 1977 (the "Repayment <br />Contract"). McPhee Reservoir is the principle feature of the Dolores Project. <br /> <br />B. The District owns the McPhee Reservoir water rights and has a right to the utilization of?,700 <br />AF' of water in McPhee Reservoir for non-potable municipal, industrial and domestic purposes <br />("MI&D Water") pursuant to the Repayment Contract and a District election held on November 7, <br />1995. During periods of Dolores Project water shortage, allocations ofMl&D Water have first priority <br />among various Project uses. Ifthere is ever any shortage ofMI&D Water, each allocated delivery of <br />the MI&D Water will be reduced pro rata, in the proportion that the number of acre-feet of such <br />shortage, as detennined by the District, bears to the total number of acre-feet allocated for MI&D use. <br /> <br />C. The District, MVIC, and owners of water rights in ditches in the Dolores River System <br />entered into the Upstream Water Users Agreement to seek to maintain the pre-Dolores Project <br />operations regime of the Dolores River System ("Upstream Agreement"). To the extent the Upstream <br />Agreement is relevant herein, it is incorporated herein by reference. Copies of the Upstream Agreement <br />may be reviewed at the District Office. <br /> <br />D. The District has a right to the use of 400 AF in GROUNDHOG RESER VOIR (the "District's <br />Storage" orthe "400 AF"), pursuantto a District contract with MVlC for additional water in Groundhog <br />Reservoir dated October 28, 1998 ("MVlC/DWCD Agreement"). <br /> <br />2 <br /> <br />5,120 AF originally owned by the District and, pursuant to a November 7, 1995 District election, <br />2,300 AF acquired from the City of Cortez and 280 AF acquired from the Town of Dove Creek. <br /> <br />5 <br />
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