BOARD01116

• Board Meeting Date: 7/23/2001
• Description: ISF Section - Injury with Mitigation: Three Forks Ranch - Case No. 6-00CW48
• Board Meetings - Doc Type: Memo

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Middle Fork in the Subject Reach was also re.shaped and deepened to provide a
lower width/depth ratio, in contrast to the prior stream channel configuration
which, during low flows, was a wide, shallow riffle stream with little or no
holding water for fish, With these channel improvements, the hydraulic
conditions of the stream have changed and the main channel in the Subject Reach
can now better support a fishery because of the deeper water and improved cover
around the rock structures.

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5. The Ranch claimed 40 cfs as the diversion into the Upper Meadow Ponds Ditch.
Pursuant to this stipulation and agreement, the Ranch agrees to reduce the claim
for the diversion rate at the Upper Meadow Ponds Ditch to 10 cfs. Any
recommendation of the water referee or decree of the Water Court entered in this
matter shall recite that flow rate or some lower amount for the diversion rate into
the Upper Meadow Ponds Ditch.

6. The Ranch further agrees not to divert water into the Upper Meadow Ponds Ditch
when the flow in the Middle Fork of the Little Snake River is less than 6 cfs at the
point of diversion. Any recommendation <!lfthe water referee or decree of the
Water Court entered in this matter shall incorporate and reflect this commitment
by the Ranch.

7.

The seven rock structures mentioned in the preceding paragraph were designed to
withstand the 100 year flood. Both the Ranch and the designer of these structures
intend these structures to be pennanent i~provements to the river. Pursuant to
this agreement, the Ranch agrees to undej:take its best efforts to see that these
structures are maintained so that they cOJ:).tinue to operate to create habitat for fish
in the channel of the river. In the event that these strUctures are removed or not
maintained, then the Ranch agrees not to divert water into the Upper Meadow
Ponds Ditch in any amount that would reduce the flows in the Subject Reach to
less than 20 cfs.

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8. This stipulation and settlement agreement shall be binding on and shall inure to
the benefit of the Parties to it and their respective successors and assigns.

9. Subject to the foregoing, the CWCB hereby withdraws its statement of opposition
filed in this matter.

PORZAK BROWNING & BUSHONG LLP

KEN SALAZAR, ATTORNEY GENERAL

Date:

Date:

Glenn E, Porzak (#2793)
P. Fritz Holleman (#21888)
929 Pearl Street, Suite 300
Boulder, CO 80302
[phone]
Attorneys for Three Forks Ranch

David Hayes (#28661)
Assistant Attorney General
Natural Resources and Environment Section
1525 Sherman Street, 5th Floor
Denver, CO 80203
Telephone: [phone]
Attorneys for the CWCB

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