BOARD00379

• Board Meeting Date: 9/24/2001
• Description: ISF Section - Case Resolution: Case No. 1-94CW290 Buffalo Park Development Co. et al
• Board Meetings - Doc Type: Memo

94CW260, or stipulate to the immediate entry of decrees in those cases in the fonus
previously provided.

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. Buffalo Park Development Company, Colorado M~untain Properties, Inc., and
Evergreen Memorial Park, Inc. agree that until the Court enters an Order and Case
No. 94CW290(A) is decreed, they will not attemp~ politically or by pretrial motion to
reduce the claims in the CWCB cases. If the Court rejects this Stipulation, or fails to
act by October 1, 2001, then the previous limitation shall automatically expire.

Objector Foothills Park and Recreation District has been the primary mover of the proposed
stipulation and concurrent decree. The stipulation is a "glpbal" stipulation designed to
resolve all related cases (approximately 12-15 other MOm),tain Mutual Reservoir Company
applications) including the instream flow applications. The Opposers who have signed the
stipulation based their agreement on the CWCB' s instream flow being senior to the
applicant's water rights. If the CWCB instream flow rights are not deemed senior and if the
CWCB does not agree to the stipulation, the global stipulation completely unravels. All of '
the opposers are strongly in favor of the CWCB' s instreafn flow rights on these creeks as the
instream flows provide protection and a buffer for the otlier senior water rights on the
streams at issue here. The CWCB instream flows have b~en an important part of protecting
senior water users and those users have been very suppor'tive of the CWCB's desire to
protect its claimed flows. The attached stipulation is a solution that allows the CWCB to
fulfill its duty to protect the environment in a balanced manner.

Staff Recommendation
The Staff recommends that the CWCB:

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1) Find that Buffalo Park's proposed stip~lation correlates the activities of
mankind with some reasonable preservatio~ of the natural environment;
2) Reaffinu that the proposed stipulation wo~ld preserve the natural environment
to a reasonable degree with water availableJor the appropriation;
3) Reaffinu that there is a natural enviro~ent that can be preserved to a
reasonable degree with the Board's water rights that would be decreed as part
ofthe proposed stipulation; ,
4) Reaffinu that the natural environment can hist without material injury to water
rights with the Board's water rights th~t would be decreed as part of the
proposed stipulation; and,
5) Authorize the Staff to sign the attached stipulation to resolve Case No.
94CW290 and the Board's pending instream flow water rights applications.

1-94CW290; BuffaloParwolutionmemo.doc

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