Decree

• Case Number: 94CW0330
• Stream Name: Colorado River (15 mile reach)
• Watershed: Colorado River
• Water Division: 5
• Water District: 72
• County: Mesa
• Instream Flow App - Doc Type: Final Decree/Stipulations

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',:~I.ei. rlghL.: f C1dv l-llans'. '".grr.entation) in the Colorado River
basin upstream of the 1~ ,sch, In addition, the Board is
awaJe that water rightf .leO by ~he Grand Valley Irrigation
Company (GVIC) may be Uf:' C ,nywhere in the area served by GVIC,
The Board will not exercise tnis right to prevent GVIC shares
from being moved within the GVIC service area,

13, The Board will not exercise this right as a basis for
objecting to the C~i[ton Water District's use of GVIC shares for
the watering of lawns and gardens within the District or as a
basis for opposing future applications by the District to change
shares of the GVIC that it presently owns or may in the future
acquire to municipal use within the District. The Board further
agrees not to exercise this right as a basis for objecting to
changes in the District's water distribution, treatment plant
di~~~Jrge points. or return flows.

14, The CWCB claims for accretions in the 15 mile reach,
decreed herein, shall not affect or restrict the City of Grand
Junction's existing or future use, re-use, or storage of :rg GVIC
shares from any point along the Gvrc canal system, FurthcL, the
CWCB claims for accretions, decreed herein, shall not affect the
City of Grand Junction's (..isting or future use, re-use, or
storage of the Grand Junction/Colorado River Pipeline water right
from any point of diversion from the Colorado River, Nor shall
the claims, as decreed herein, affect or restrict any change of
water rights applications to change GVIC shares (which the City
of Grand Junction now or in the future may own) to municipal use
by the City of Grand Junction and to take the water from the
river for municipal use and storage from new or different points
of diversion, The foregoing rrinciples shall also be applicable
to any future storage, use, v~ reuse that any other municipal or
quasi-municipal water user in Colorado's Grand Valley (such as
Clifton Water District and Ute Water Conservancy District or
their successors) might make of t:,e City of Grand Junction's GVIC
shares or its Grand Junction/Colorado River Pipeline water right,

15, The adjudication of this instream flow water right will
contribute to sufficient progress toward the recovery of
endangered Colorado River fishes pursuant to the Recovery
Implementation Program for Endangered Fish Species in the Upper
Colorado River Basin IRecovery Program), The adjudication of
this water right is subject to and fully consistent with the
Memorandum of Agreement between the United States Fish and
wildlife Service (USFWS) and the CWCB dated September 21, 1993
(MOAI and the Section 7 Consultation, Sufficient Progress, and
Historic Projects Agreement dated October 15, 1993 (Section 7
Agreement) ,

16, The parties agree that the water rights decreed in
this case and these Findings of Fact, Conclusions of Law,
Judgment and Decree shall not be used directly or indirectly as a

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