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<br />. <br /> <br />. <br /> <br />"'" .. <br /> <br />247 <br /> <br />March 8, 200 I <br />Page 2 <br /> <br />. <br /> <br />A minimum instantaneous release of 20 cfs to the Yampa River would be maintained <br />dUring the period August 1 to November 30 if the flows are less than 20 cfs. <br /> <br />The District periodically releases from storage in Stagecoach Reservoir up to 50 and as much as <br />100 cfs for purposes of hydropower generation. <br /> <br />The District has no objection to an instream flow adjudication which is identical in flow rates <br />and times to the District's commitment Under the ECP. <br /> <br />In addition, the Upper Yampa District Board is not opposed to entering into an agreement with <br />CWCB vesting in CWCB, for the life of Stagecoach Reservoir now existing, possession and the <br />right to prohibit diversions between the outlet of Stagecoach Reservoir and Lake Catamount of <br />water released from storage in the existing Stagecoach Reservoir for hydropower production. <br />The Upper Yampa District anticipates that such an agreement wouid provide, among other <br />things, that (i) nothing in such agreement would require the Upper Yampa District to release <br />water from Stagecoach Reservoir in excess of releases required under the ECP, (ii) rights vested <br />in CWCB pursuant to such agreement would be junior and subordinate to allotment or other <br />water delivery contracts of the District now and hereafter existing for Stagecoach Reservoir <br />storage water, (iii) the rights of CWCB under such agreement would be applicable only between <br />the outlet of Stagecoach Reservoir and inlet of Lake Catamount, and (iv) CWCB would agree not <br />to oppose or protest change cases upstream from Stagecoach Reservoir on the Yampa River or <br />its tributaries based on injury to CWCB's instream rights between Stagecoach Reservoir and <br />Lake Catamount. <br /> <br />The Upper Yarnpa District would anticipate that the rights of CWCB under such agreement <br />would be decreed in the water court on the application of CWCB and that the Upper Yampa <br />District would join in such application. <br /> <br />At your convenience, please call to discuss where we go from here. <br /> <br />Very truly yours, <br /> <br />WEISS and VAN SCOYK, LLP <br /> <br />