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<br />Findings of Fact, Conclusions of Law, Judgment and Decree <br />Case No:OOCW75 <br />Page 3 <br /> <br />The Colorado Water Conservation Board (the "Board") <br />1313 Sherman Street, Suite 721 <br />Denver, CO 80203 <br />Telephone: 303/866-3441 <br /> <br />7. Name of structure: Fish Creek Reservoir, Second Enlargement <br /> <br />8. Original decree: The Fish Creek Reservoir, Second Enlargement was originally decreed <br />for a conditional water storage right as follows: <br /> <br />A. <br /> <br />Date of original decree: <br />Decree No.: <br />Court: <br /> <br />May 7,1993 <br />92CW23 <br />District Court, Water Division No.6 <br /> <br />B. Location: The decreed location of Fish Creek Reservoir, Second Enlargement is: <br />SE quarter ofthe NW quarter of Section 10, Township 6 North, Range 83 West of <br />the 6th P.M., Routt County, Colorado, at a point whence tl1e SE comer of Section <br />32, T7N, R84W of the 6th P.M., Routt County, Colorado, bears North 77 Degrees <br />53 Minutes West 3368 feet. <br /> <br />C. <br /> <br />Source of Water: <br /> <br />Fish Creek, tributary to Yampa Rivet. <br /> <br />D. <br /> <br />Appropriation Date: <br />Amount: <br /> <br />May 1, 1991. <br />200 acre-feet, conditional. <br /> <br />E. <br /> <br />Use: <br /> <br />Municipal, piscatorial and recreational. <br /> <br />Paragraph 20 of the decree entered in Case No. 92CW23 provided that "No water shall be <br />stored in the Fish Creek Reservoir enlargement pursuant to tl1e decree in this case until <br />and unless [Steat11boat Springs] and the [Board] have entered into and executed a <br />donation contract or agreement, approved by appropriate resolution of both [Steat11boat <br />Springs] and the [Board]." Steamboat Springs and tl1e Board subsequently entered into <br />such an agreement, entitled "Agreement to Assign the Right to Use Water Released from <br />Fish Creek Reservoir" and dated December 12, 1996 (tl1e "1996 Agreement"). A copy of <br />the 1996 Agreement is attached hereto as Exhibit A. <br /> <br />9. Subsequent decree: After the application for approval of a change of water right was f1!.ed <br /> <br />OOCW75 FishCr CWCB Change Decreet.wpd <br />October 19, 2001 <br /> <br />. <br /> <br />",-~-a,.",-~~~,__~~ <br />