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<br />DISTRICT COURT, WATER DIVISION 6, STATE Of COLORADO <br /> <br />Case No. 95CW150 (90CWOl) <br /> <br />STIPULATION Al'lD AGREEMENT <br /> <br />CONCERi'ITNG THE APPLICATION FOR WATER RIGHTS Of THE COLORADO <br />DIVISION Of PARKS AND OUTDOOR RECREATION A1"\fD THE COLORADO WATER <br />CONSERVATION BOARD, <br /> <br />IN ROUTT & MOFFAT COUNTIES. <br /> <br />Applicants, Colorado Division of Parks and Outdoor Recreation ("Parks") and Colorado <br />Water Conservation Board ("CWCB"), and Objector, Upper Yampa Water Conservancy District. <br />("Upper Yampa"), hereby stipulate and agree as follows: <br /> <br />1. Upper Y ampa consents to the entry of a decree approving the change of water <br />right application in Case No. 95CW150, subject to the provisions of this 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. 90CWOI <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 />