BOARD01516

• Board Meeting Date: 7/23/1991
• Description: Agenda or Table of Contents, Memos. Partial. No Minutes.
• Board Meetings - Doc Type: Meeting

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~ISTRICT COURT, WATER DIVISION S, COLORADO

C~ae No. 88CW409

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STIPULATION

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CONCEllNING THE 1\PPLICATION FOR WATER RIGHTS OF ALVIN L. COHEN
IN ''1'D ElLTJE RIVER IN S1JMHl:T CO=

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COME NOW the Applicant, Alvin L. Cohen, by and thruugh his
attorney, Mosos, Wittcmyer, Harrieon and Woodruff, P.C.
("Applicant"), and the Colorado Water Conservation Board, by and
through its ~ttorney. the Office of ~e Colorado Attorney Gener~l
("CWCB"), and do hereby stipulate and agree as follows:

1. The anove-captioned Applic~tion for approval of .a plan
for augmentation, including eXChange, was tiled on December 28,
1988, and a timely Statement of Oppoaition to it was filed by the
CWC~. 1~e Application is currently pending before the water Ref-
e:r:ee.

2. Applicant seeks to augment out-of-priority diversions
from the Blue River threugh the Creen Mountain Canal ueing water
stored downstream ot said Canal in Green Mountain ReservoIr.
Applicant intends to divert water through the Canal at a m~xim~~
r~te of 3.0 cubic feet per eecond ("cfe") to be ueed for 1rri~
gation ot up to 55 acres.

3. The CWCB holds a decree in case No. 67CW297, District
Court, Hater Division 5, for ~ in5tre~m flow on the Blue River
to preserve the natural environment to a reasonable degree 1n the
amount or 1"5 ers from May 1 through August 31; 90 cfs from Sep-
tember 1 througn October 31; 70 ct~ trom November 1 through
February 29; 78 ets from March 1 through March 31; and 90 cfs
from April 1 through April 30. CWCB's instream flow ha~ a prior-
ity date of October 2, 1987.

4. The Applicant ana tne CWCB hereby agree to inclusion Of
the followi.ng paragraph in any .,roposed decree:

opposer, Colorado Water Conservation ao~rd,
is the owner of a decreed instream flow
water right on the Blue River decreed in

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