5-87CW293 Final Decree Exhibits

• Case Number: 87CW0293
• Stream Name: Blue River
• Watershed: Blue River
• Water Division: 5
• Water District: 36
• County: Summit
• Instream Flow App - Doc Type: Final Decree/Stipulations

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MEMORANDUM OF AGREEMENT AND STIPULATION

This Agreement dated this ~'day of October, 1988 is
between the Town of Dillon ("Dillon") and the. Colorado Water
Conservation Board (the "BOard"). a division of the Colorado
Department of Natural Resources.

WHEREAS, pursuant to S37-92-102(3), CRS. 1987. the Board
has made applieation with the District Court in and for Water,
Division 5. State of Colorado (the "Water Court"). inCase Nos.
8SCW627. 8SCW632. 85CW638. 8SCW640. 85CW641. 85CW643. 85CW647.
85CW650. 86CW92. 86CW93. 86CW204. 86CW205. 86CW209. 86CW210.
86CW211. 86CW215. 86CW217. 86CW223. and 86CW224, as
consolidated in Case No. 85CW627 (the "Consolidated Cases"):
Case No, 85CW648, and in Case Nos. B7CW293 through 87CW299 for
instream flow water rights on the stream segments set forth in
the attached Appendix A (collectively hereinafter the "Instream
Flow Rights"): .

WHEREAS. Dillon has filed statements of opposition to the
Instream Flow Rights. specifically in Case Nos. 85CW648,
87CW293 and 87CW294 (the "Opposed Cases"):

WHEREAS. Dillon has filed applications for water rights.
plans for augmentation and exchanges in Case Nos. 86CW329,
86CW330 and 87CW392. hereinafter referred to as the "Dillon
Applications":

WHEREAS. the Board has filed a statement of opposition to
Case No. 87CW392:

WHEREAS. the City and County of Denver, acting by and
through its Board of Water Commissioners ("Denver") and the
County entered into an Agreement dated September 18, 1985, as
amended by letter agreement dated November 13. 1986 (the .
"SulMlit County Agreement") as recorded at Reception No. 357033
in the SUlMlit County real property records and attached hereto
as Appendix B:

WHEREAS. pursuant to paragraph 3 of the Summit County
Agreement. Denver has agreed to subordinate its water rights to
permit the County or its designees to divert and consume up to
3.100 acre feet of water per year at such point or points of
diversion. place or places of storage. upstream of Green
Mountain Reservoir as may be designated by the County or its
designees (the "3,100 Acre Feet"):

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