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<br />RECEIVED <br />SEP 3 1997 <br /> <br />Cciorado Watof <br />CoMen/a1ial:l Boat,; <br /> <br />DISTRICT COURT, WATER DIVISION 6, STATE OF COLORADO <br /> <br />Case No. 95CWl42 (90CWOl) <br /> <br />STIPULATION AND AGREEMENT <br /> <br />CONCERNING THE APPLICATION FOR WATER RIGHTS OF COLORADO DIVISION OF <br />PARKS AND OUTDOOR RECREATION <br /> <br />IN ROUTT COUNTY. <br /> <br />The Applicant, Colorado Division of Parks and Outdoor Recreation ("Parks"), and <br />Objector, Upper Yampa Water Conservancy District ("Upper Yampa"), hereby stipulate and <br />agree as follows: <br /> <br />1. Upper Yampa consents to the entry of a decree approving the change of water <br />right application in Case No. 95CW142, subject to the provisions ofthis Stipulation and <br />Agreement. <br /> <br />2. Except when the outlet works must be closed due to an emergency or the <br />necessity of performing repairs to the dam and outlet works, Parks shall not store water in <br />Steamboat Lake pursuant to the 3300 acre-feet storage water right decreed in Case No. 90CWO 1 <br />when flows in the Yampa River at the U.S.G.S. Gage near Craig ("Craig gage") are less than the <br />following flows, or would be reduced below the following flows due to such storage: <br /> <br />August- <br />September <br />October <br /> <br />150 cfs <br />11 0 cfs <br />115 cfs <br /> <br />Upper Yampa shall provide notice to the Manager of Steamboat Lake State Park <br />when flows in the Yampa River at the Craig gage are less than the foregoing flows. If such <br />notification is made by telephone, written confirmation by either letter or telefax shall be made <br />within seven days. When flows in the Yampa River at the Craig gage once again equal or exceed <br />the foregoing flows, Upper Yampa shall notify the Park Manager within 24 hours. <br /> <br />Provided that if the Water Management Plan between Tri-State Generation and <br />Transmission Association Inc. ("Tri-State") and the U.S. Fish and Wildlife Service, dated April <br />17, 1992, terminates for any reason, then beginning on November I of the following water year <br />