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<br />I <br /> <br />I <br /> <br />In Section 2, tho~e bypasses are modified in certain circumst'ances--. <br />first of all, if an emergency comes up or during a temporary period in <br />which the reductions of the bypasses are required to facilitate main~ <br />tenance" the Denver Water Boar,d has', that' prerogative to operate <br />according tQ the emergency Or react as they need to help the situation. <br /> <br />Provision 2, paragraph 2, provides some dr-ought criteria. During a <br />drought year, the Denver Water Board: can, but not necessarily, reduce <br />the bypasses to one and a half of the previously mentioned numbers. <br />It also includes a definition of what that drought year is. And it <br />roughly corresponds to the frequency of about one year' in five years <br />out of 24, based 'on past records. <br /> <br />, , <br />Paragraph 2, Section: 2, also provides that if new data,. new informa- <br />tion, pevelops that we can revise the drought year definition. <br /> <br />Paragraph 2 also provides when the bypasses will commence. <br /> <br />Section 3 states, basically, that the staff of the Water Board and <br />Division of Wildlife will recommend that the board adopt these appro- <br />priations. <br /> <br />Section 4 says that the Denver Water 'Board will provide some public <br />access for fishing purposes on lands it owns in the Williams Fork <br />drainage. <br /> <br />Paragraph 5 provides that the Denver Water Board would supply the <br />Division of Wildlife the sum of $100,000 for stream habitat improve- <br />ment on the South Fork and on Williams Fork. It also says that the <br />money will be provided when ,the diversion~-or when-the 'collection system <br />is 'completed. . It'~also' contains'some criteria to adjust that sum in <br />terms of 1979 dollars. _ The system may not be completed for.' six or' <br />eight years, -and, that hundred thousand'dollars is .translated into money <br />at that time. ..' ... " <br /> <br />Section 6 is an important~section, from the board's standpoint. It <br />says, basically,,,that the board recognizes' Denver's ' senior water rights, <br />recognizes the exchange contemplated by the Denver Water Board. And it <br />says--I will quote: "The Colorado Water Conservation Board hereby <br />agrees that it will not exercise its water rights appropriated under <br />the authority. of C.R.S. 1973, Sec. 37~92-l03(3) in the Williams Fork <br />Basin so as to interfere with or impair such exchange operations by <br />Denver. <br /> <br />; , <br /> <br />The agreement also contains a stipulation in which we would ask the <br />water judge to incorporate that stipulation asa part of any decrees. <br />that we may obtain under the minimum streamflow statute. <br /> <br />-3- <br />