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BOARD00353
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Last modified
8/16/2009 2:49:15 PM
Creation date
10/4/2006 6:36:34 AM
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Board Meetings
Board Meeting Date
3/29/1999
Description
ISF Section - Proposed Injury with Mitigation/Modification - Case No. 5-97CW306, EMD LLC et al.
Board Meetings - Doc Type
Memo
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<br />'IL""' <br /> <br />DISTRICT COURT, WATER DIVISION NO.5, STATE OF COLORADO <br /> <br />. Case No. 97CW306 <br /> <br />STIPULATION BETWEEN APPLICANTS AND THE COLORADO WATER <br />CONSERVATION BOARD <br /> <br />IN THE MA TIER OF THE APPLICATION FOR WATER RIGHTS OF EMD LIMITED <br />LIABILITY COMPANY, PVRT NOTI I LLC, PVRT NOTI II LLC, PVRT NOTI III LLC, <br />AND THE UPPER EAGLE REGIONAL WATER AUTHORITY <br /> <br />IN EAGLE COUNTY, COLORADO <br /> <br />Applicants, EMD Limited Liability Company, PVRT NOTI I LLC, PVRT NOTT II <br />LLC, PVRT NOTI III LLC and Upper Eagle Regional Water Authority ("Applicants"), and <br />objector, the Colorado Water Conservation Board ("CWCB"), by and through their undersigned <br />attorneys, do hereby stipulate and agree as follows: <br /> <br />. <br /> <br />I. Applicants acknowledge that in Case No. 80CW134, Water Division No.5, the <br />CWCB was decreed instream flow rights for the upper reach of the Eagle River, starting at the <br />confluence of the Eagle River with Gore Creek and ending at the confluence of the Eagle River <br />with Lake Creek. The decreed instream flow rights for this reach of the Eagle River are 85 cfs <br />between May I and September 30, and 35 cfs from October I to April 30 (referred to herein as <br />the "Upper Eagle River ISF"). <br /> <br />2. To allow Applicants to divert on a year-round basis without injuring the Upper <br />Eagle River ISF, Applicants agree to include, in any ruling and/or decree resulting from the <br />above-captioned application, terms and conditions which are at least as restrictive upon the <br />Applicants as the following: <br /> <br />A. Applicants' direct diversion, diversion into storage and direct <br />augmentation use of the Subject Water Rights, pursuant to this decree, shall be limited to the <br />historic irrigation season of the Subject Water Rights. The depletions resulting from and/or <br />augmented by said use of the Subject Water Rights, as said depletions are measured below the <br />Avon Wastewater Treatment Plant Outfall, shall also be limited to the monthly amounts as <br />described in the table set forth in subparagraph C below. In addition, cumulative diversions <br />under the Subject Water Rights shall not exceed historic diversion amounts of those same rights. <br />Storage of historic depletion credits under the Subject Water Rights during the historic irrigation <br />season shall be counted against the monthly depletion limits at the time of diversion into storage; <br />however, said storage water may be released at anytime for augmentation purposes, including <br />during the non-irrigation season. <br /> <br />. <br /> <br />SB0432 <br />
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