BOARD00929

• Board Meeting Date: 11/9/1992
• Description: Agenda or Table of Contents, Minutes, Memos. Partial.
• Board Meetings - Doc Type: Meeting

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3133 866 4474

OCT 29. 1992 2:42PM ~1326 P.132

DISTRICT COURT, WATER DIVISION 5, COLORADO
Case No. 91CW20l

STIPULATION

CONCERNING THE APPLICATION FOR WATER RIGHTS OF JOSEPH S. MILLER

IN SUMMIT COUNTY

The applicant, Joseph S. Miller, and. objector, the
Colorado Water Conservation Board ("CWCB"), hereby stipulate and
agree as follows:

1. The applicant is seeking approval of a plan for
augmentation involving up to five wells tributary to the Blue
River. Augmentation for out of priority depletions caused by the
wells will be provided by the consumptive use credit of water
rights acquired from the Vidler Tunnel Water Co., which water
rights were previously approved for year-round domestic use in Case
No. 84CW306. Applicant has also acquired. 26 acre-feet per year of
water from the "county Users Pool," as that phrase is defined in
the Upper Blue River Basin Memorandum of Agreement dated
October 25, 1988 ("the MOU"), attached hereto as Exhibit A.

2.
cfs (summer)
environment to

The ewCB has a water right on the Blue River of 20
and 10 cfs (winter) to preserve the natural
a reasonable degree, as decreed in Case No. 86CW204.

3. Applicant agrees to implement the following terms
and conditions, which include relevant provisions of the MOU, and
to incorporate such terms and conditions into any proposed
referee's ruling or decree submitted to the- Court:

(a)

Applicant agrees that total annual diversions
by all wells associated. with this plan for
augmentation shall not exceed 1. 95 acre-feet
annually. Diversion records shall be supplied
to the Division Engineer annually, or more
often if so requested by the Division
Engineer.

(b) Use of the water diverted through the wells
will be limited to domestic in-house uses in
applicant's warehouse and office complex, and
not for irrigation or any other outside use.