BOARD02132

• Board Meeting Date: 5/30/1991
• Description: Agenda or Table of Contents, Minutes, Memos. Not All Materials Are Included.
• Board Meetings - Doc Type: Meeting

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. DISTlUCT COURT, WA~ER DIVISION NO.4, STATE OF COLORADO

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CASE NO..89 CW 79 (85 CW 98)

STIPULATION AND CONSENT TO DILIGENCE DECREE
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IN . THE. MATTER- OF. THE APPLICATION FOR WATER RIGHTS OF THE NATURE
CONSERVANCY .IN.. THE GUNNISON RIVER BASIN IN DELTA COUNTY.

RECITALS.

1. o.ri.~MarChd30~. .1989 Applicant, The-Nature Conservancy (TNC),
filed 'an application in the above referenced case for a
quadreni1ial'finding'of reasonable diligence for 300 cfs out of
the conditional water rights for the Rabbit Gulch Canal decreed
in C.A. C-5873, District Court for Delta County on August 11,
1969 and for 20,000 acre feet out of the conditional water rights
for the Cedar Flats Reservoir decreed at the same time.

2. Objector, City of Gunnison (City), filed a timely statement
of opposition to the application.

3. Since these filings, TNC has reached an agreement with the
colorado Water Conservation Board (CWCB) under which the 300 cfs
water right will be donated to the CWCB and changed to minimum
stream flows to preserve the environment to a reasonable.degree
(hereafter "Instream Purposes") in the reach of the Gunnison
River from the gage just below the Gunnison Tunnel to a point at
least 1 mile below the confluence of. the Gunnison River..and its
Smith Fork. Pursuant to C.R.S. Section 37-92-102(3) the CWCB is
authorized to accept such a donation of water a right, and to
change it to Instream Purposes in a water court proceeding. The
agreement between TNC and the.CWCB requires that any stipulation
settling opposition to this diligence application without a trial
be approv.ed.by.,the.,CWCB. .. ......_... .. __ .____..__

STIPULATION AND CONSENT TO DECREE.

4. The City hereby withdraws its statement of opposition and
consents to the entry of a decree finding reasonable diligence on
the above-referenced water rights on the condition that the CWCB
shall incorporate the following terms into the application to
change the 300 cfs water right to Instream Purposes, and shall
otherwise seek the incorporation of such terms into any decree
approving that application:

a.

The CWCB shall not call for the administration of 100 cfs
out of the 300 cfs water right as against upstream junior
water rights including but not limited to those owned by the