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Mar-lO-/OOS 10:llam FrDm-SOUTHWEST WATER CONSERVATION DIST +870-Z59-8421 T-Ol0 P.00l/o04 F-OZ6 . TERMS AND CONDITIONS TO BE INCLUDED IN' HORSEFLY AND COTTONWOOD CREEK CWCB IN'STREAM FLOW WATER COURT APPLICATIONS MARCH 30, 2005 The following terms and conditions were developed between CWCB and SWCD staffs to resolve issues with instream flow appropriation on Horsefly and Cottonwood Creeks in the San Miguel River basin. These terms and conditions were the result of a meeting on March 1 B, 2005 in Norwood with local interests, CWCS staff, and BLM/USFS representatives to discuss and resolve issues by all parties. The intent ofllie CWCB and. SWCD staffs are for these terms and conditions, in exactly or substantially the same form as below, to be included in the CWCB applications to the water court for instream flow water rights on Horsefly and Cottonwood Creeks. . Horseflv Creek ISF Allolicatiol1 In applications for any type of proposed change of a senior absolute water right located upstream of this instream flow water right, the CWCB may file a Statement of Opposition but shall stipulate to the entry of a decree in such application jf the proposed change does not increase the historic consumptive use during April] through June 5 and does not increase me impact to the instream flow water right. . In applications for any type of proposed change of a senior conditional water right located upsfream of this instream flow water right, the eWCB may file a Statement of Opposition but shall stipulate to the entry of a decree in such application if the proposed change does not increase the impact contemplated by the original decree to the reach of Horsefly Creek containing this instream flow water right during April 1 through June 5. Senior conditional storage water rights are likely to include storage of spring flows that wiI! have an impact on this instream flow water right. Such conditional water rights shall be allowed to be moved anywh.er~_ . . in the basin upstream of this instream flow water right as long as the new location does not increase the impact to the ISF. Pursuant to section 37-92-102(3)(b), C~R.S. (2004), this instream. flow water right .shall be subject to any undecreed historic water uses, including wells, being made on or before the date the CWCB appropriated this instream flow water right, provided that such uses are documented in writing and connnned by the Division of Water Resources prior to entry ofthe decree herein. The eweB shall set aside up to 4.05 acre-feet of the de minimis allowance for this instream flow water right to allow for up to 300 new future undecreed domestic wells. As used herein, the de minimis allowance for an instream flow water right means a depletive effect of one percent of the decreed instream flow amount on the stream reach subject of the instream flow water right. (jVeed to establish process for including such wells in the de minimis database) . DetermilUltion of 4.05 acre-feet for 300 domestic wells - assume 0.5 acre-feet pumped per well, 15% CU, 0.075 acre-feet CU per year, 66 days (Aprill to June 5) per year (18%), net eu during ISF water right ofO.013S acre-teet per well. 300 wells is 4.05 acre-feet during April! to June S.