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6-95CW150 Steamboat Lake Decree
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6-95CW150 Steamboat Lake Decree
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Last modified
4/15/2016 11:34:58 PM
Creation date
10/5/2006 10:17:17 PM
Metadata
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Template:
Instream Flow Acquisitions
Case Number
95CW0150
Stream Name
Yampa River
Watershed
Yampa River
Water Division
6
Water District
58
County
Moffat
Instream Flow Acq - Doc Type
Final Decree/Stipulations
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<br />(November I through October 31) Parks may store in-priority at Steamboat Lake free of the <br />foregoing storage limitation. <br /> <br />3. Storage of water under the new instream flow uses decreed in Case No. 95CWl5o <br />shall be administered using an effective appropriation date of December 7,1995. <br /> <br />4. Deliveries of instream flow water from Steamboat Lake decreed for such use in <br />Case No. 95CW150 shall be assessed transit losses between Steamboat Lake and the place of use <br />as determined by the Division Engineer. <br /> <br />5. The change of water right to be decreed in Case No. 95CWl50 applies only to <br />3,155 acre-feet of the 3300 acre-feet storage right decreed in Case No. 90CWol. The decree in <br />Case No. 95CWl50 shall not establish any precedent regarding the water right decreed in Case <br />No. 9oCWOl, including the historic use of said water right. <br /> <br />6. Water released for instream flow purposes pursuant to this decree may be released <br />on a year-round basis; however, to the extent consistent with the terms of the Lease and Sublease <br />among the United States Fish and Wildlife Service, the Colorado Water Conservation Board, and <br />the Colorado Division of Parks and Outdoor Recreation, dated April 17, 1996, releases will be <br />made for instrearn flow purposes during the months of August, September, and October. <br /> <br />7. Jurisdiction in this matter shall be retained for a period of two years from the date <br />of use of at least 1000 acre-feet of water for the changed uses decreed in this case for the purpose <br />of evaluating injury. Notice shall be given to Upper Yampa and Tri-State of the occurrence of the <br />use of 1000 acre-feet so as to start the commencement of the two-year retained jurisdiction <br />period. <br /> <br />8. This Stipulation and Agreement shall be filed in Case No. 95CW150, and shall be <br />effective upon the Court's entry of an order in that case approving this Stipulation and <br />Agreement. <br /> <br />EXECUTED this 28fA day of ,4tljlllff 1997. <br /> <br />GALE A. NORTON <br />Attorney General <br /> <br />MARTHA PHILLIPS ALLBRIGHT <br />Chief Deputy Attorney General <br /> <br />2 <br />
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