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<br />(>t. '. <br /> <br />Table RoeldCWCB Stipulation <br />Case No. 03CW33 I <br />Page 6 0[8 <br /> <br />set forth in paragraph 6.b., C., d., or e. hereof at the Fish Habitat Project structure(s) located in the . <br />reach where the habitat has been substantially impaired. (For example, if more than 20% of the <br />Structures are not maintained in the TRR Recreation Ponds Reach and the habitat is substantially <br />impaired as a result, then the Ranch may divert water available under the Developed and <br />ln1ported Water Rights at the TRR Recreation Ditch, but otherwise cannot divert in any amonnt <br />that would reduce the flows in that Reach to less than 10 c.f.s.) The CWCB and the Ranch agree <br />that (i) the Ranch shall have a grace period of the first 90 day period fully lapsing during the <br />construction season from May I to October 15, after receipt of notice from the CWCB of <br />impaired habitat, to initiate the permitting, repair, or replacement of washed out or otherwise <br />damaged Structures, and such time thereafter as is needed to diligently complete that work, <br />before this condition will apply to the Ranch; (ii) this condition does not apply to diversions of <br />water available under the Developed and ln1ported Water Rights. The CWCB or the Division of <br />Wildlife ("DOW") shall have the right to enter onto the Table Rock Ranch premises, upon notice <br />to the Ranch manager received by mail or telephone at least three (3) days prior to such entry, for <br />the purpose of inspecting the habitat Structures every five years or following a major flood event. <br />The current manager is Randy Hatfield, P.O. Box 196, McCoy, CO 80463, telephone 970-653- <br />4218. Table Rock may notify the Director of the CWCB of changes in this contact information. <br /> <br />10. The Proposed Decree shall provide that the Water Judge shall retain continuing <br />jurisdiction to enforce the provisions ofthis stipulation. <br /> <br />11. This stipulation shall be binding on and shall inure to the benefit of the undersigned <br />parties and their respective successors and assigns. Table Rock shall record this Stipulation and <br />Decree in the office of the Clerk and Recorder for Routt County. . <br /> <br />12. Subject to the foregoing, the CWCB hereby agrees to the entry of a decree no less <br />restrictive on the Applicant than the Proposed Decree. <br /> <br />13. This stipulation shall be incorporated into the decree in Case No. 03CW331 by reference. <br /> <br />Dated: <br /> <br />PETROS & WHITE, LLC. <br /> <br />Pursuant to Rule 121 the signed original is onfile <br />in the office of Petros & White, LLC <br /> <br />By <br />Charles B. White, #9241 <br />Attorneys for Applicant <br />