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<br /> <br />, <br /> <br />-2- <br /> <br />The Applicant, the Colorado Water Conservation Board (CWCB), and Objectors . <br />Wayne Goin, John & Victoria Irwin, Jon & Joanne Corzine and Wolf Land Company, <br />stipulate and agree as follows: <br /> <br />The Specie Creek instream flow is predicated upon the runoff available in the Specie <br />Creek drainage basin only downstream of the J & M Hughes Ditch and does not <br />include water upstream of the J & M Hughes Ditch. The CWCB recognizes the <br />historic J & M Hughes Ditch practice of diverting all runoff upstream of the Ditch. <br />The CWCB also recognizes that some irrigation return flows accruing to Specie <br />Creek result from irrigation of lands with water diverted from the J & M Hughes <br />Ditch that did not originate from Specie Creek. During the irrigation season, from <br />April through October, The J & M Hughes Ditch carries trans basin water diverted <br />from Fall Creek and seven subsequent tributaries to Fall Creek; and water diverted <br />from the upgradient reaches of East Specie Creek and the West Branch of Specie <br />Creek. The CWCB agrees that it is not claiming return flows associated with <br />irrigation or other users) of the trans-basin water of the J & M Hughes Ditch water <br />as part of this instream flow-water right and consequently, that such return flows <br />from users) of the trans-basin water of the J & M Hughes Ditch water on lands <br />located on Specie Mesa are not required to be continued for any purposes related to <br />this instream flow water right. The CWCB also recognizes that any future changers) <br />in users); or place of use, of the consumptive use of the J & M Hughes Ditch water <br />will not be subject to administration by the CWCB's Specie Creek instream flow <br />water right as long as there is no expansion in time or amount of consumptive use. . <br /> <br />In addition, the CWCB, BLM and Contesting Parties/Participants agree that the point <br />of administration for the CWCB's Specie Creek instream flow water right will be <br />located at a point located approximately 1.9 miles upstream of the confluence with <br />the San Miguel River, just upgradient of th~ third culvert crossing, in the NWl/4, <br />NE1/4, Section 7, -Township 43 North, RanlJe 11 West, N.MP.M, in San Miguel <br />County. <br /> <br />Objectors agree to withdraw their opposition to the ISF application in front of the <br />CWCB and agree not to oppose any water court filing for an instream flow on Specie <br />Creek so 10nIJ as such filing adheres with the terms of this stipulation. <br /> <br />Based upon these good faith negotiations, the staff and the parties feel they are close to a stipulation, <br />which would resolve the concerns of the contestors and so have requested the Hearing Officer <br />postpone the deadline the Prehearing Conference and the deadline for submitting the Prehearing <br />Statements until July 31, 2002 (see attached Staff Motion). If the parties fail to file stipulations <br />resolving the issues in this case on or before July ~l, 2002, the Hearing Officer will schedule the <br />prehearing conference and set new prehearing and rebuttal statement deadlines in these matters <br />pursuant to the Colorado Instream Flow and Natural Lake Level Program Rules and Regulations, 2 <br />C.C.R. S 408-2. Parties understand that upon this occurrence, the hearing schedule will be <br />accelerrated in order to return to the schedule dictated by the CWCB's Rules and Regulations, 2 <br />C.C.R. S 408-2 (see attached Order). If the staff and the parties can agree on language prior to the . <br />Board's July 23,2002, meeting, staffwill ask the board to approve the stipulation and the Final Staff <br />Recommendation regarding Specie Creek at the Board Meeting. If the parties do not agree to <br />Flood Protection. Water Project Planning and Financing. Stream and L~ke Protection <br />Water Supply Protection. Conservation Planning <br /> <br />