Laserfiche WebLink
<br />7. The Finch Reservoir was originally decreed as an on-channel res"rvoir with a <br />capacity 01'21.900 acre feet to be located on Horsefly Creek where it exits the Eldred Property, <br />thereby intercepting un)' flows in the Horsefly Creek basin on or above the Eldred Property. <br />Eldred is pursuing development of the Finch Reservoir conditional stornge right as small"r <br />storage structures located higher in the Horsefly Creek drainage basin at multiple locations on <br />the Eldred Property with a smaller structure to be located at the original reservoir site.. This <br />approach to developing the conditional water rights will decrease the inundation of Horsefly <br />Creek and enhance the benefits to wildlife; thereby. improving the natural environment on the <br />Eldred Property and within the entire Horsefly Creek drainage. All storage locations will be on <br />the Eldred property within the Horsefly Creek Basin. <br /> <br />S. Further, the return flows from irrigation on the Eldred Property and releases from <br />storage will increase the flows in Horsefly Creek during the low flow periods of late summer and <br />fall. <br /> <br />9. CWCB agrees not to oppose the development of the Finch ReServoir rights, <br />including but not limited to, applications for findings of reasonable diligcnce, adjudication of <br />alternate points of diversion for the Finch Reservoir Feeder Ditch and alternate storage locations <br />for the Finch Rcservoir storage right, so long as the changes to the conditional water rights do <br />not result in an expansion of the original contemplated draft and uses of the conditional water <br />rights. <br /> <br />10. Eldred agrees to withdraw its Contest to the Appropriation and not to oppose <br />cwes's application to adjudicate Ihe (SF so long as the terms of Ihis Stipulation and Agreement <br />are included within the Decree for the ISF. <br /> <br />II. Eldred agrees that any application to change a senior absolute water right or <br />conditional water right to include new uses may be injurious to the instream flow water right if <br />the new uses exceed the historic or decreed use of the absolute water right or the contemplated <br />use or draft of the conditional water right. As such, the CWCB may file statements of opposition <br />to such applications to ensure that such changes will not injure the instream flow water right. <br /> <br />Dated this1lJ!daY ot'Oetober, 2005. <br /> <br />BALCOM GREEN. P.C!'! <br /> <br />By:,_ ( 1. ~ <br />Scott M. Balcomb. #1376 <br />Sara M. Dunn. #30227 <br />P.O. Drawer 790 <br />Glenwood Springs. CO 81602 <br />(970) 945-6546 <br /> <br />JOHN W. SUTHERS <br />Atto1'J'l'f Gcner~--/ <br />. . ~ <br />'l~'c... 4A.M~ <br />VIRGIN BRANNON, #30346 <br />Assistant Attorney General <br /> <br />Stipulation: CWCB & Eldred Colo. Fam. LP <br /> <br />Page 2 <br /> <br />Re: Horsefly Creek In.stream Approp. <br /> <br />. <br /> <br />. <br /> <br />. <br />