6-00CW075 Decree

• Case Number: 00CW0075
• Stream Name: Fish Creek
• Watershed: Yampa River
• Water Division: 6
• Water District: 58
• County: Routt
• Instream Flow Acq - Doc Type: Final Decree/Stipulations

Findings of Fact, Conclusions of Law, Judgment and Decree
Case No. 00CW75
Page 4

in the present case, the Fish Creek Reservoir, Second Enlargement conditional water
storage right was made fully absolute in the amount of 200 acre-feet for municipal,
piscatorial and recreational uses by the decree entered in Case No. 99CW22 on April 9,
2001.

10. Historic use: The Fish Creek Reservoir, Second Enlargement water right was fIrst used in
the year 2000 for municipal, piscatorial ana. recreational purposeswrthin the service areas
of Steamboat Springs and the Mount Werner Water and Sanitation District. Pursuant to
the subject water right, 200 acre-feet of water was stored in Fish Creek Reservoir and
used for piscatorial and recreational uses in thtj reservoir. The 200 acre-feet of water was
,later released for treatment at Steamboat Springs' Fish Creek Filtration Plant and delivery
to the treated water customers of Steamboat Springs and/or the District for municipal
uses.

11. Proposed change of water right: Pursuant to the 1996 Agreement, the Applicants seejc
judicial approval of an additional type of use of the Fish Creek Reservoir, Second
Enlargement water right, the maiutenance of instream flows on Fish Creek downstream of
the Fish Creek Water Filtration Plant to the confluence of Fish Creek and the Yampa
River, as more particularly described in the 1996 Agreement and consistent with the
Board's instreani. flow decree entered in Case No. 79CW104.

12. The maintenance of instream flows on Fish Creek downstream of the Fish Creek Water
Filtration Plant to the confluence ofFish Creek and the Yampa River will be a non-
consumptive use for the Fish Creek Reservoir, Second Enlargement water right; therefore
the proposed change of water right will not materially injure the vested water rights or
decreed conditional water rights of others.

CONCLUSIONS OF LAW

The Court concludes as a matter of law that:

13. The foregoing fIndings of fact are incorporated herein to the extent they constitute
conclusions of law.

14. The application herein is one contemplated by law.

OOCW75 FishCr CWCB Change Decree1.wpd
October 19, ZOOt

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