BOARD00375

• Board Meeting Date: 5/23/2005
• Description: ISF Section - Application of Table Rock Properties, LLC ‎(Case No. 5-03CW331)‎ - Injury with Mitigation Proposal
• Board Meetings - Doc Type: Memo

Table RocklCWCB Stipulation
Case No. 03CW331
Page 6 of8
set forth in paragraph 6.b., C., d., or e. hereof at the Fish Habitat Project structure(s) located in the .
reach where the habitat has been substantially impaired. (For example, if more than 20% of the
Structures are not maintained in the TRR Recreation Ponds Reach and the habitat is substantially
impaired as a result, then the Ranch may divert water available under the Developed and
Imported Water Rights at the TRR Recreation Ditch, but otherwise cannot divert in any amount
that would reduce the flows in that Reach to less than 10 c.f.s.) The CWCB and the Ranch agree
that (i) the Ranch shall have a grace period of the first 90 day period fully lapsing during the
construction season from May 1 to October 15, after receipt of notice from the CWCB of
impaired habitat, to initiate the permitting, repair, or replacement of washed out or otherwise
damaged Structures, and such time thereafter as is needed to diligently complete that work,
before this condition will apply to the Ranch; (ii) this condition does not apply to diversions of
water available under the Developed and Imported Water Rights. The CWCB Dr the Division of
Wildlife ("DOW") shall have the right, once every two (2) years or following a major flood
event, to enter onto the Table Rock Ranch premises at their sole risk and expense for the purpose
of inspecting the habitat Structures, provided such inspections are scheduled with the Ranch
manager at least ten (10) days in advance, and reasonably conducted, so as not to interfere with
the use and enjoyment of the Ranch by its owners and guests. The current manager is Randy
Hatfield, P.O. Box 196, McCoy, CO 80463, telephone [phone]. Table Rock may notify
the Director of the CWCB of changes in this contact information.

10. For such period as Table Rock may be required, by the terms of its 404 permit, to
submit reports or data to the U.S. Army Corps of Engineer ("Corps"), Table Rock shall provide a
copy of any such reports or data to DOW. Nothing in this Stipulation shall be construed to
require Table Rock to collect data or to submit reports over and above the requirements imposed .
by the Corps. Upon termination of Table Rock's obligation to submit data and reports to the
Corps, the CWCB or DOW shall have the right, once every four (4) years, if necessary, to enter
onto the Table Rock Ranch premises at their sole risk and expense for the purpose of monitoring
fish populations to ensure that the Fish Habitat Project structures continue to maximize the
biological potential of Rock Creek. Fish population sampling shall not interfere with the use and
enjoyment of the Ranch by its owners and guests, and shall only occur if stream flow conditions
have triggered the flow-sharing provisions of this Stipulation in at least two (2 )ofthe previous
four (4) years. As applicable, the inspections provided for in paragraph 9, above, and fish
population sampling shall be conducted at the same time.

11. The Proposed Decree shall provide that the Water Judge shall retain continuing
jurisdiction to enforce the provisions of this stipulation.

12. This stipulation shall be binding on and shall inure to the benefit of the undersigned
parties and their respective successors and assigns. Table Rock shall record this Stipulation and
Decree in the office of the Clerk and Recorder for Routt County.

13. Subject to the foregoing, the CWCB hereby agrees to the entry of a decree no less
restrictive on the Applicant than the Proposed Decree.

14.

This stipulation shall be incorporated into the decree in Case No. 03CW33I by reference.

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