Laserfiche WebLink
<br /> <br />. <br /> <br />-- <br /> <br />. <br /> <br />9-13-01 j 10:26AM;TIENkEN HILL, LLP <br /> <br />;303 926 0853 <br /> <br /># 4/ 14 <br /> <br />7, With the exception of "well to well" interference <br />questions associated with the construction of up to 10 wells in <br />the Bear Mountain Vista Subdivision, which concerns are of <br />interest only to the Bear Mountain HOA, the parties are in <br />agreement on the terms and conditions for inclusion in a decree in <br />this matter, Consistent with the Court's January 31, 2000, Order, <br />the parties also agree that the appropriation date for all water <br />rights including exchanges, adjudicated in this case shall be <br />December 30, 1994, <br /> <br />8. The parties shall agree to jointly file a motion <br />requesting that the court order the bifurcation of the case so <br />that all issues, with the exception of "well to well" interference <br />associated with the request to adjudicate and augment wells in the <br />Bear Mountain Vista Subdivision can be resolved in Case No. <br />94CW290 (A), and that portion of the case can proceed to decree <br />without further delay, and the "well to well" interference issue <br />of concern to the Bear Mountain HOA can be resolved separately in <br />Case No. 94CW290(B). <br /> <br />9. The parties have reached agreement on the form and <br />substance of a proposed decree for immediate presentation to the <br />Court in Case No. 94CW290 (A) . A copy is attached hereto as <br />Attachment "1," Opposers consent to and will not oppo,se entry of <br />a decree in 94CW290(A) , as ~ong as such decree lS no less <br />restrictive on Applicants or less protective of Opposers than the <br />document attached as Attachment "1. " Applicants' undersigned <br />counsel will provide Opposers' undersigned counsel, as well as the <br />pro se Opposers, with a copy o~ any proposed decree submitted to <br />the Water Judge in this matter which is different from Attachment <br />"1," to allow Opposers to confirm that such decree is no less <br />restrictive on Applicants and no less protective of Opposers than <br />the document attached as Attachnlent "1." <br /> <br />10, The parties have also reached agreement on the "firm <br />yield" of consumptive use w5ter available for augmentation, <br />replacement and exchange purposes from the portfOlio of water <br />rights and storage facilities available to MMRC using a computer <br />model. Firm yield is defined as the amount of consumptive use <br />water available for delivery by MMRC to its shareholders each and <br />every day, specifically including, but not limited to, periods of <br />drought, A summary of the cOIllPuter model used to evaluate the <br />firm yield, and the results from the model, is attached as Exhibit <br />"C" to Attachment "1." The model shall be maintained by MMRC. A <br />copy has been made available to TZA Water Engineers, Inc. ' The <br />water supplies and storage facilities utilized in determining the <br />firm yield ("subject MMRC water rights"), are s\,urnnarized as <br />follows: <br /> <br />a. <br />(1.93%) , <br />Company. <br /> <br />7.71 shares <br />issued and <br /> <br />stock <br />Ditch <br /> <br />of the 400 <br />outstanding <br /> <br />shares of capital <br />in the Harriman <br /> <br />3 <br />