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<br />. <br /> <br />. <br /> <br />. <br /> <br />DISTRlCT COURT, WATER DNISION NO. 5, STATE OF <br />COLORADO <br />Court Address: <br />Garfield Combined Courts <br />109 8th Street, Suite 104 <br />G1enwood Springs, CO <br />Applicant: <br />Table Rock Properties, LLC <br />In Routt, Grand, Eagle and Pitkin Counties, Colorado > CO]jRTUSEONLY > <br />Charles B. White, No. 9241 Case No.: 03CW331 <br />PETROS & WHITE, LLC <br />730 17th Street, Suite 820 <br />Denver, CO 80202 <br />Telephone: (303) 825-1980 <br />Facsimile: (303) 825-1983 <br />E-mail: cwhite0lnetros-white.com <br />STIPULATION <br /> <br />Applicant, Table Rock Properties, LLC ("Ranch" or "Table Rock"), and Opposer, the <br />Colorado Water Conservation Board ("the CWCB"), hereby stipulate and agree as follows: <br /> <br />1. Table Rock has appropriated water rights that together comprise a Fish Habitat Project <br />within the Table Rock Ranch on Rock Creek, a tributary of the Colorado River near McCoy, <br />Colorado. The Fish Habitat Project water rights and features include the Oxbow fishery channel, <br />a restored historic channel of Rock Creek ("Oxbow"); TRR Cameron POl).d; TRR Lower <br />Recreation Pond; TRR Upper Recreation Pond and TRR Meadow Pond; together with associated <br />open channels, fill ditches and return facilities to Rock Creek. In this Case No. 03CW331, <br />Table Rock has applied for approval of a water supply plan for the Fish Habitat Project, which <br />includes adjudication of water rights for the Project, changes of water rights, augmentation of <br />out-of-priority depletions, and supplementation of flows for the fishery, as more fully described <br />in the proposed decree attached as Exhibit A hereto and incorporated herein (hereinafter <br />"Proposed Decree"). <br /> <br />2. In Case No. W-3624, Water Division No.5, the CWCB adjudicated a minimum stream <br />flow on Rock Creek for 10 c.f.s. (hereinafter "ISF"). The ISF extends through Table Rock <br />Ranch. <br /> <br />3. In 2003, the Ranch restored to a natural condition over 12000 feet ofthe Rock Creek <br />stream channel throughout the entire length ofthe Ranch. See map, Exhibit B hereto. Prior to <br />the restoration, Rock Creek through the Ranch was typically a wide, shallow riffle stream with <br />little or no holding capacity for fish. The restoration involved (among other things) bank <br />revetment and revegetation, installation of 240 instream rock habitat clusters ("Structures") with <br />