BOARD00353

• 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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DISTRICT COURT, WATER DIVISION NO.5, STATE OF COLORADO

. Case No. 97CW306

STIPULATION BETWEEN APPLICANTS AND THE COLORADO WATER
CONSERVATION BOARD

IN THE MA TIER OF THE APPLICATION FOR WATER RIGHTS OF EMD LIMITED
LIABILITY COMPANY, PVRT NOTI I LLC, PVRT NOTI II LLC, PVRT NOTI III LLC,
AND THE UPPER EAGLE REGIONAL WATER AUTHORITY

IN EAGLE COUNTY, COLORADO

Applicants, EMD Limited Liability Company, PVRT NOTI I LLC, PVRT NOTT II
LLC, PVRT NOTI III LLC and Upper Eagle Regional Water Authority ("Applicants"), and
objector, the Colorado Water Conservation Board ("CWCB"), by and through their undersigned
attorneys, do hereby stipulate and agree as follows:

.

I. Applicants acknowledge that in Case No. 80CW134, Water Division No.5, the
CWCB was decreed instream flow rights for the upper reach of the Eagle River, starting at the
confluence of the Eagle River with Gore Creek and ending at the confluence of the Eagle River
with Lake Creek. The decreed instream flow rights for this reach of the Eagle River are 85 cfs
between May I and September 30, and 35 cfs from October I to April 30 (referred to herein as
the "Upper Eagle River ISF").

2. To allow Applicants to divert on a year-round basis without injuring the Upper
Eagle River ISF, Applicants agree to include, in any ruling and/or decree resulting from the
above-captioned application, terms and conditions which are at least as restrictive upon the
Applicants as the following:

A. Applicants' direct diversion, diversion into storage and direct
augmentation use of the Subject Water Rights, pursuant to this decree, shall be limited to the
historic irrigation season of the Subject Water Rights. The depletions resulting from and/or
augmented by said use of the Subject Water Rights, as said depletions are measured below the
Avon Wastewater Treatment Plant Outfall, shall also be limited to the monthly amounts as
described in the table set forth in subparagraph C below. In addition, cumulative diversions
under the Subject Water Rights shall not exceed historic diversion amounts of those same rights.
Storage of historic depletion credits under the Subject Water Rights during the historic irrigation
season shall be counted against the monthly depletion limits at the time of diversion into storage;
however, said storage water may be released at anytime for augmentation purposes, including
during the non-irrigation season.

.

SB0432