6-95CW150 Steamboat Lake Decree ‎(2)‎

• 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

3. Storage of water under the new instream flow uses decreed in Case No. 95CW150
shall be administered using an effective appropriation date of December 7, 1995.

4. Deliveries of instream flow water from Steamboat Lake decreed for such use in
Case No. 95CW150 shall be assessed transit losses between Steamboat Lake and the place of use
as determined by the Division Engineer.

5. The change of water right to be decreed in Case No. 95CW150 applies only to
3,155 acre-feet of the 3300 acre-feet storage right decreed in Case No. 90CWOl. The decree in
Case No. 95CW150 shall not establish any precedent regarding the water right decreed in Case
No. 90CWOl, including the historic use of said water right.

6. Refill water decreed in Case No. 96CW163 may also be used for instream flows
to preserve the natural environment to a reasonable degree, provided that such additional use will
be made and controlled only by the CWCB and that the cumulative amount released during ljny
one water year comprised of refill water, water released pursuant to the decree in this case
("enlargement water"), or a combination of refill and enlargement water does not exceed 3,155
acre-feet.

7. Water released for instream flow purposes pursuant to this decree may be released
on a year-round basis; however,to the extent consistent with the terms of the Lease and Sublease
among the United States Fish and Wildlife Service, the Colorado Water Conservation Board, and
the Colorado Division of Parks and Outdoor Recreation, dated April 17, 1996, releases will be
made for instream flow purposes during the months of August, September, and October.

8. Jurisdiction in this matter shall be retained for a period of two years from the date
of use of at least 1000 acre-feet of water for the changed uses decreed in this case for the purpose
of evaluating injury. Notice shall be given to Upper Yampa and Tri-State of the occurrence of the
use of 1000 acre-feet so as to start the commencement of the two-year retained jurisdiction
period.

9. This Stipulation and Agreement shall be filed in Case No. 95CW150, and shalFbe
effective upon the Court's entry of an order in that case approving this Stipulation and
Agreement.

EXECUTED this 2"1 Chcray of ~7)...<I- 1997.

GALE A. NORTON
Attorney General

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