BOARD00246

• Board Meeting Date: 11/3/1994
• Description: Agenda, Minutes, Memos
• Board Meetings - Doc Type: Meeting

e

e

e

Cose No. 93CW124/Head et 01.
Findings of Fact, Conclusions of Law,
Judgment and Decree
Page 3

8. To insure delivery of the stockwaterers' 0.10 cfs, the City of
Rifle agrees to bypass 0.10 cfs past its headgate on Beaver Creek
from November 15 through February 28 of every year.

9. The City agrees to bypass no less than 0.10 cfs past i~s
headgate on Beaver Creek from February 27 through November 14,
inclusive.

10. During those winter months when Savage is not calling Beaver
Creek water (i.e., November 15 through February 28, inclusive), in
order to mitigate freezing conditions, the City agrees to bypass an
additional 0.10 cfs, or a total bypass of one-half the stream flow
in Beaver Creek, whichever is less, for a period of twenty-five
(25) days each November 15 through February 28 period upon the
Stockwaterers' request. The 25 days need not be consecutive, and
said 0.10 cfs bypass may be made on single days, not to exceed
twenty-five (2S).days total each November 15 through February 28
period, according to the needs of the Stockwaterers. Beginning in
1994 and for each year thereafter, the Stockwaterers shall
designate a representative who.. shall inform the City of Rifle of
the Stockwaterers' water needs pursuant to this paragraph. Said
designated representative is authorized to act on behalf of all the
Stockwaterers. Should the Stockwaterers fail to designate a
representative for each year, then the last designated
representative shall continue to be authorized to act on behalf of
all the Stockwaterers regarding their stockwater needs.

11. The City agrees that, during the early winter months and
during the term of the City/Savage Agreement, it shall utilize its
best efforts to minimize any spills of Beaver Creek water at the
treatment. plant down Helmer Gulch but shall, instead of such
spills, attempt to maximize the flow in Beaver Creek during such
period.

12. The City agrees not to object to the Stockwaterers' use of
water directly from Beaver Creek for livestock purposes at any
time, both during the Novembe:r 15 through February 28 period
covered by the City/Savage Agreement, recorded with the Garfield
County Clerk and Recorder, as well as at all other times of the
year.

13. The City agrees to design and install a diversion
structure/measuring device during the 1995 calendar year, at or
immediately below the City'S Beaver Creek headgate to divert and
measure the amount of water that must be bypassed pursuant to the
terms of this Settlement Agreement. Christian E. and Susanna M.
Locher consent to the City's construction of said diversion
structure and measuring device. The City agrees to grant the