BOARD00245

• Board Meeting Date: 9/19/1991
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

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DISTRICT COURT, WATER DIVISION NO.5, COLORADO

Case No. 9OCW347

STIPULATION

CONCERNING THE APPLICATION FOR WATER RIGHTS OF:

CHARLES B. FOX, in Summit County, Colorado

COMES NOW the Applicant, CHARLES B. FOX, by and through his attorneys,
LEAVENWORTH & LOCHHEAD, P.C., and the COLORADO WATER CONSERVATION
BOARD, by and through its attorneys, COLORADO ATIORNEY GENERAL'S OFFICE, and
submits this Stipulation to resolve the Colorado Water Conservation Board's Statement of
Opposition.

1. The application filed in this case requests a water right for the Fox Pump and
Pipeline located on the Blue River in Summit County, Colorado. The application also requests
a plan for augmentation which seeks to use Green Mountain Reservoir water as an augmentation
source to augment depletions that will occur from the use of water through the Fox Pump and
Pipeline.

2. The Fox Pump and Pipeline point of diversion is located below the confluence of
the Blue River with Acorn Creek but above Green Mountain Reservoir.

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3. The Colorado Water Conservation Board (hereinafter "Board") has a water right
for an instream flow on the Blue River decreed in Case No. 87CW297 that may be affected by
this case.

4. The Fox Pump and Pipeline point of diversion falls within the segment of stream
for which the instream flow is decreed in Case No. 87CW297.

5. The augmentation plan as proposed by the Applicant in this case will not
adequately compensate the Board for depletions which will occur between the point of diversion
and Green Mountain Reservoir.

6. The Applicant recognizes that the Board's rights, as referenced above, are senior
in priority to the Fox Pump and Pipeline and this plan for augmentation.

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