Laserfiche WebLink
<br />" <br /> <br />, <br />'.- <br /> <br />t: - <br />. <br /> <br />.~ <br /> <br />to the water rights for the str~an segments listed in appen- <br />dix A of this stipulation and a9r~ement in the former water <br />district 20 in Water Division No.3 approved by the board <br />at its August 16. 1982 board ~eeting. <br /> <br />f <br /> <br />Z. The board agrees to subordinate the water rights <br />for the stream~egments listed in appendix A to certain prac. <br />tices of the water Users for the purpose of maximizing the <br />beneficial use of the water available for use in Colorado <br />u1der the Rio Grande Compact. For the purposes of this <br />stipulation the term "pre-compact reservoir" shall refer to <br />~ reservoir constructed before 1936. Subordination shall <br />m~an that the board's ~~ter right shall be treated as junior <br />to the practices specified hereunder and s~all not be used <br />by the board to callout or other"ise obje:t in any adminis- <br />trative or judicial proceeding to the foll~wing: <br /> <br />a. P~rsuant to C.R.S. 197). 37-~2-102(31(bl' <br />all present uses and exchanges established as of Au~ust 16. <br />1982 including. by way of example. the practice of usin~ <br />preconpact reservoirs to hold water which Otherwise contrin- <br />~te to an over delivery to Ne" ~exico or Texas ~nder the com- <br />p dC t. <br /> <br />f <br /> <br />, ; <br />(.: <br /> <br />.;.: <br /> <br />b. Futur~ ~xchan~es and storage of na~ive <br />"ater i1 and among precompact reservoirs. <br /> <br />c. Future chanjei of direct flow water rights <br />of the nembers of the Water UserS to provide for storage in <br />precompact reservoirs. includin~ those in the applications <br />pendi1Y in Case Nos. W-3979 and W-3980 in Division 3. pro- <br />vided that the following conditio,s will b~ met before Sub- <br />ordination occurs: <br /> <br />II storage of such water rights shall <br />Occ~r ~nly when the water is lawf~lly in priority and physi- <br />cally available at its decreed dlrect flow point of diver- <br />sion; and <br /> <br />ZI a) the flow(of the Rio Grande mea- <br />s~red at the Del Norte gauging station is above 1,000 c.f.s. <br />d~rin~ all times when such exchange and storage is occurring; <br />or <br /> <br />b) "hen the 'low of the Rio Grande <br />measured at the Del Norte gauging station is below 1000 <br />c.f.s. and the proposed exchange and storage ~ould. ~ot reduce <br />the anount of water available to satisfy any water right <br />claimed in appendix A; and <br /> <br />.r <br />.j <br />~. <br />ti <br /> <br />3) comply with all applicable legal . <br />r~quirenenti and obtain any applicable approvals necessary <br /> <br />-Z- <br /> <br />, <br />.1.." <br />