Board Meeting 10/01/1987

• Board Meeting Date: 10/1/1987
• Description: CWCB Meeting
• Board Meetings - Doc Type: Meeting

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DISTRICT COURT, WATER DIVISION 5, COLORADO

Case No. 85CW608

STIPULATION

CONCERNING THE APPLICATION FOR WATER RIGHTS OF UPPER EAGLE
REGIONAL WATER AUTHORITY AND VAIL ASSOCIATES, INC.
IN EAGLE COUNTY

Applicants, Upper Eagle Regional Water Authority and Vail
Associates, Inc., by their attorneys Delaney & Balcomb, P.C., and
the Objector, Colorado Water Conservation Board, hereby stipulate
and agree as follows:

1. The Colorado Water Conservation Board adjudicated in
Case No. 80CW134 certain instream flow water rights pursuant to
authority granted the Board and C.R.S. 37-92-101 et seq. The
quantities adjudicated were as follows:

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85 c.f.s. May 1 through September 30
35 c.f.s. October 1 through April 30

2. The Applicants seek an alternate point of diversion
from adjudicated points of diversion described in the original
decrees for the water rights sought to be changed herein. The
water rights sought to be changed herein are as follows:

Ben Nelson Ditch
Townsend Ditch
Wiltshire-Thomas Ditch and
First and Second Enlargements -

- 2.5 cfs
- 4.17 cfs

4.7 cfs

3. The alternate point of diversion sought herein is
upstream of the originally decreed points of diversion for said
water rights. -

4. To the extent that diversions at the upstream point of
diversion for the above described water rights would diminish
instream flows between the requested alternate point of diversion
and the original points of diversion, injury may result to the
instream flow rights of the Colorado Water Conservation Board.

5. It is the intention of the parties hereto to provide a
means to minimize and mitigate any such resulting injury, while
at the same time to permit the applicants to make diversions at
the herein requested alternate point of diversion.

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