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

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Case No. 97CW306

STIPUJ,A TION BETWEEN APPLICANTS AND THE COLORADO WATER
CONSERVATION BOARD

TN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF EMD LJMITED
LIAUILITY COMPANY, PVRT NOTT I LLC, PVRT NOn II LLC, PVRT NOTT III LLC,
AND THE UPPER EAGLE REGIONAL WATER AUTI-IORITY

IN EAGLE COUNTY, COLORADO

Applicants, EMD Limited Liability Company, PVRT NOTT I LLC, PVRT NOTT II
LLC, PVRT NOTT III LLC and Upper Eaglc Rcgional Water Authority ("Applicants"), and
objector, the Colorado Water Conservalion Board ('CWCB"), by and through thcir undcrsigned
nuomcys, do hcreby stipulate and agree as follows:

1. Applicants acknowledge thal in Case No. 80CW134, Water Division No.5, the
eWeR was decreed instrcam flow rights for the upper reach of the Eagle River, starting at the .
e0l1fluence of the Eagle River with Gore Creek and ending at the confluence of the Eagle River
with Lakc Creck. The decreed instream flow rights for this reach ofthe Eagle River ore 85 cfs
between May I and September 30, and 35 cfs from October I to April 30 (referred to herein as
the "Uppcr Eaglc River 15P").

2. To allow Applicants to divert on a year-round basis without injuring the Upper
Eagle River lSF, Applicants agree to include, in any ruling aneVor decree resulting from the
above-captioned application, terms and conditions which are at least a~ 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 tlus decree, shall be limited to the
historic irrigation season of the Subject Water Right~, The depletions re~ulting from and/or
augmcnted by said me oftlle Subject Water Rights, as said depletions are measured below the
A von Wastewater Treatment Plant Outfall, shall also be limited to the monthly amount~ a~
described in the table set forth in subparagraph C below. In addition, cumulative diversions
under the Subject Water Rights shall not exceed histolic diversion amounts ofthose same rights.
Stor~ge of historic depletion credits IlI1der the Subject Water Rights during the historic irrigation
scason shall bc counted against the monthly depiction limits at the time of diversion into storage;
however, said storage water may be released at anytime for aU&'1uentation purposes, including
dming the non-irrigation season.

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SD013Z