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<br />~, . . k <br /> <br />Table RocklCWCB Stipulation <br />Case No. Q3CW331 <br />Page 5 of8 <br /> <br />. <br /> <br />(ii) During the non-irrigation season, diversions may be made at one or both <br />of the TRR Recreation Ditch and/or Frank Groh Ditch for the TRR Recreation <br />Ponds and the TRR Meadow Pond (when constructed) according to the formula <br />described in paragraph 6.c. above. Such diversions, less evaporation from the <br />TRR Recreation Ponds and the TRR Meadow Pond (when constructed) will be <br />returned to Rock Creek at the historic Frank Groh Ditch return, as depicted on <br />Exhibit B hereto. <br /> <br />e. Cameron Pond Reach. The parties hereby agree as follows with respect to <br />diversions at the Horn Ditch No.2 for the Cameron Pond: <br /> <br />When the total flow ("Qtotal") The flow into Cameron Pond And the flow in stream below <br />at the gage above the Horn will be limited to: the Horn No.2 Ditch will be: <br />No.2 Ditch is: <br />Qtotal > or eaual to 10 cfs Qtotal - 8 cfs 8 cfs <br />Qtotal < 10 cfs and > or equal Qtotal - 7 cfs 7 cfs <br />to 8 cfs <br />Qtotal < 8 cfs and > or equal Qtotal - 4 cfs 4 cfs <br />to 5 cfs <br />Qtotal < 5 cfs> or equal to 3.5 0.5 cfs Qtotal - 0.5 cfs <br />cfs <br />Qtotal < 3.5 cfs 0.5 cfs Qtotal <br /> for I day out of 7 for 6 out of7 days <br /> <br />. <br /> <br />Diversions at the Horn No.2 Ditch, less evaporation from the Cameron Pond and <br />depletions from irrigation, will be returned to Rock Creek at the return point depicted on <br />Exhibit B hereto. <br /> <br />7. Evaporation losses associated with Table Rock's diversion of water into the Fish Habitat <br />Project facilities in accordance with the limitations of this Stipulation shall not be regarded as <br />iIljurious to the Board's ISF. <br /> <br />8. In order to administer the terms and conditions of paragraph 6 hereof, Table Rock agrees <br />to install gages in Rock Creek immediately above the Oxbow inlet and immediately above the <br />point of diversion for the Horn No.2 Ditch within a reasonable time from the entry of decree. <br />The parties agree to cooperate on calibrating, maintaining and replacing the gages as may be <br />reasonably required to administer the terms of this agreement. Moreover, Table Rock Ranch <br />agrees to install such measuring devices on the Horn Consolidated Ditch, Horn No.2 Ditch, <br />Horn No. 1 Ditch, TRR Recreation Ditch and Frank Groh Ditch as may be reasonably required <br />by the Division Engineer to administer the Proposed Decree. <br /> <br />9. The habitat Structures referenced in paragraphs 3 and 4 above were designed to be <br />permanent improvements to Rock Creek. The Ranch agrees to undertake its best efforts to <br />maintain these Structures. In the event that the Ranch fails to maintain in serviceable condition <br />at least 80% of the Structures in a particular reach of Rock Creek and the quality of the habitat is <br />substantially impaired as a result, then the Ranch cannot divert under the flow-sharing agreement <br />