6-95CW150 Steamboat Lake Decree (2)

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, DISTRICT COURT, WATERDMSION 6, STATE OF COLORADO Case No. 95CW150 (90CW01) STIPULATION AND AGREEMENT CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO DIVISION OF PARKS Al"lD OUTDOOR RECREATION AND THE COLORADO WATER CONSERVATION BOARD, IN ROUTI & MOFFAT COUNTIES. Applicants, Colorado Division of Parks and Outdoor Recreation ("Parks") and Colorado Water Conservation Board ("CWCBn), and Objector, Tri-State Generation and Transmission Association, Inc., ("Tri-Staten), hereby stipulate and agree as follows: 1. Tri-State consents to the entry of a decree approving the change of water right application in Case No. 95CW150, subject to the provisions of this Stipulation and Agreement. 2. Except when the outlet works must be closed due to an emergency or the necessity of performing repairs to the dam and outlet works, Parks shall not store water in Steamboat Lake pursuant to the 3300 acre-feet storage water right decreed in Case No. 90CWOl when flows in the Yampa River at the U.S.G.S. Gage near Craig ("Craig gagen) are less than the following flows, or would be reduced below the following flows due to such storage: August September October 150 cfs 11 0 cfs 115 cfs Tri-State shall provide notice to the Manager of Steamboat Lake State Park when flows in the Yampa River at the Craig gage are less than the foregoing flows. Ifsuch notification is made by telephone, written confirmation by either letter or telefax shall be made within seven days. When flows in the Yampa River at the Craig gage once, again equal or exceed the foregoing flows, Tri-State shall notify the Park Manager within 24 hours. Provided that if the Water Management Plan between Tri-State and the U.S. Fish and Wildlife Service, dated April 17 , 1992, terminates for any reason, then beginning on November 1 of the following water year (November 1 through October 31) Parks may store in- priority at Steamboat Lake free of the foregoing storage limitation. "',