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<br />BEFORE THE COLORADO W ATER CONSERVATION BOARD <br /> <br />e <br /> <br />Stipulation <br /> <br />IN THE MATTER OF THE STAFF'S RECOMMENDATIONS FOR AN INSTREAM <br />FLOW APPROPRIATION ON THE Y AMP A RlVER, WATER DIVISION NO.6 <br /> <br />The Staff of the Colorado Water Conservation Bpard ("Staff'), the United States <br />Department of Interior, Bureau of Land Management ("BLM"), Trout Unlimited ("TU") <br />and the Upper Y amp a Water Conservancy DistriCt ("District") (collectively "the parties") <br />hereby stipulate and agree as follows: ! <br /> <br />WHEREAS, the Staff has recommended proposed instream flow ("ISF") amounts for the <br />Yampa River, and the Colorado Water Conservation Board ("CWCB") has appropriated <br />and stated its intent to claim an appropriation date of January 25, 2001 for certain <br />instream flow segments located on the Yampa River from the outlet of Stagecoach <br />Reservoir to the confluence with Morrison Cree~ in the amount of 40 cfs (1/1 - 12/31), <br />and from the confluence with Morrison Creek to! the inlet of Lake Catamount in the <br />amount of 47.5 cfs (8/15 - 4/14) and 72.5 cfs (4/15 - 8/14) ("Yampa River ISF <br />Appropriations"); and <br /> <br />WHEREAS, the BLM, TU,and the District have each filed a Notice to Contest the <br />Yampa River ISF Appropriations; and <br /> <br />e <br /> <br />WHEREAS, the parties have discussed and eva1~Jated the Yampa River ISF <br />Appropriations and each party's concerns regar4ing the Yampa River ISF Appropriations, <br />and have agreed upon an alternate approach to s~id appropriations that the Staff will <br />recommend to the CWCB, <br /> <br />NOW, THEREFORE, in consideration of the aqove recited premises, which the parties <br />acknowledge to be good and sufficient consider~tion for this Stipulation, the parties agree <br />as follows: <br /> <br />i <br />I <br />1. Staff shall recommend that the CWCB take the following actions: <br /> <br />a. Declare its intent to not appropriate an ISF water right on the Yampa River from <br />the outlet of Stagecoach Reservoir to the confluence with Morrison Creek in the <br />amount of 40 cfs (1/1 - 12/31). . <br /> <br />b. File a water rights application for all IS~ water right on the Yampa River from the <br />confluence with Morrison Creek to the inlet of Lake Catamount in the amount of <br />47.5 cfs (8/15 - 3/31) and 72.5 cfs (4/1 -+ 8/14), with an appropriation date ofJuly <br />24,2001. e <br />