ISFAPP00001

• Case Number: 90CW0302
• Stream Name: Fraser River
• Watershed: Fraser River
• Water Division: 5
• Water District: 51
• County: Grand
• Instream Flow App - Doc Type: Final Decree/Stipulations

DISTRICT COURT, WATER DIVISION 5, STATE OF COLORADO
Case No. 90CW302

STIPULATION

IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS FOR INSTREAM FLOW
PURPOSES OF THE COLORADO WATER CONSERVATION BOARD IN THE FRASER
RIVER

IN GRAND COUNTY, COLORADO

COME NOW the Applicant, the Colorado Water Conservation Board ("CWCB"), by and
through the Attorney General for the State of Colorado, and the Objector, the Winter Park
Recreational Association ("WPRA"), by and through its attorneys Porzak Browning & Johnson
LLP. and enter into this Stipulation to resolve the Objector's concerns with the CWCB's
Application.

RECITALS

A. Whereas, this application involves the CWCB's application for an instream flow
right on the Fraser River from the confluence of Jim Creek down to the confluence of
Vasquez Creek for the following instream flow amounts: 8.0 c.f.s. from May 15 until
September 15 and 3.5 c.f.s. from September 16 until May 14;

B. Whereas. WPRA has plans to restore the Fraser River corridor, within a portion of
the proposed instream flow segment. in order to improve the instream and riparian
habitat. The proposed development shall be hereinafter referred to as "the Project" The
plans for the Project are described in detail in the attached Exhibit A. These plans are
incorporated herein by reference, and shall be hereinafter described as "the Plans";

C. Whereas, WPRA does not anticipate filing a water court application in order to
develop the Project.

D. Whereas. WPRA does not anticipate applying to the State Engineer for a
jurisdictional dam in order to develop the Project.

E. Whereas, WPRA does not anticipate that the Project will involve: l)an
impoundment greater than 100 acre-feet; 2)an impoundment with a surface area greater
than 20 acres; or 3 )a dam or structure greater than 10 feet in height.