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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
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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 />Reservoir to the Division of Water Resources. Water Division 7 ("DWR"), upon request <br /> <br />e <br /> <br />D, MVIC is responsible for the operation of Groundhog Reservoir, At the request of the District <br />and DWR, MVIC shall make releases from Groundhog Reservoir of the 400 AF pursuant to Paragraph <br />5 of the MVIC/DWCD Agreement when the 400 AF is physically and legally available and when, at <br />the conclusion of the spring runoff, the Dolores River falls below 300 cfs as measured on the Dolores <br />River at the Dolores, Colorado gauge ("300 CFS"). <br /> <br />E, The District shall furnish to DWR proofofthe ownership of any additional water which the <br />District may acquire for use in this EI A Plan. <br /> <br />F, Not enough water in McPhee Reservoir: If the District is unable to provide MVIC with the <br />irrigation water to which MVIC is entitled from McPhee Reservoir under the District-MVlC Contract <br />or the MI&D water that MVIC is entitled to under the MVICIDWCD Agreement MVIC may request <br />the Division Engineer to place the Dolores River under administration and the water usage under the <br />EI A Plan will be placed on call despite this EI A Plan. <br /> <br />G. This E/A Plan is not designed to protect and, therefore, does not necessarily protect the <br />beneficiaries of the E/A Plan (i.e., purchasers of District Ml&D Water to augment Authorized <br />Diversions) from the valid call of water rights senior to MVIC's Numbers 17 and 17(a); from a valid <br />call within any individual drainage basin which does not carry Groundhog Reservoir releases or from <br />any valid call of a geothermal water right based on the right's loss of geothermal heat <br /> <br />H. If a well, which is an Authorized Diversion under this EI A Plan. is placed under <br />administration because of a call by water rights senior to Priority 17 and the forecasted supply for <br />Dolores Project water in the current irrigation season, as published in a newspaper of general circulation <br />in the EI A Plan area, is greater than 21 %: <br /> <br />e <br /> <br />(1) The owner shall cease all irrigation from such well pursuant to the EI A Plan. <br /> <br />(2) The owner shall also immediately cease all diversions from the well underthe EI A Plan, <br />including those for in-house use, unless the well owner, upon notice published by the DWR of an order <br />to curtail or notice of such order mailed to Purchaser by the DWR ("DWR Notice"), ceased all irrigation <br />from the well on the same date. Mailed DWR Notice shall be deemed effective three business days <br />following deposit in the U.S. mail. If a well owner timely stopped well irrigation diversions upon <br />publication or receipt ofDWR Notice, the well owner may then continue well diversions for in-house <br />use hereunder until the following irrigation season, provided that the well o\\inerprovides weekly meter <br />readings to the District or the Division Engineer as requested by the Division Engineer. <br /> <br />(3) [fthe Division Engineer determines thatthe cessation of the outside irrigation uses does <br />not account for the difference in consumptive use losses caused by the in-house uses for the remaining <br />portion of the irrigation season, then the provisions of paragraph 7(1). below, shall apply. <br /> <br />I. Ifa well under this E/A Plan is placed under administration because of call by water rights <br />senior to Priority 17 and the forecasted supply of Dolores Project water in the current irrigation season, <br /> <br />e <br /> <br />8 <br />
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