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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WHEREAS, paragraph 6(b) of the Summit County Agreement
provides for the release by Denver of up to 100 acre feet of
augmentation water per year from Dillon Reservoir for the
benefit of the County and its designees (the "100 Acre Feet
Oi 110n Storage Water"):

WHEREAS, the County has' allocated 45 acre feet of the 3,100
Acre Feet to Dillon:

WHEREAS, Dillon may purchase water from federal facilities
such as Green Mountain Reservoir (the "Purchased Water") to
ailow them to fully utilize their allocation of the 3.100 Acre
Feet under the terms of the Summit County Agreement;

WHEREAS, absent protective terms and conditions, the
use of the Purchased Water by exchange could adverselY affect
the aquatic environment and the Instream Plow Rights;

WHEREAS, absent protective terms and conditions, the
instream flow rights could limit the use of the 3,100 Acre Feet;

WHEREAS, the Board and Dillon wish to resolve their
differences by means of this Agreement and Stipulation;

NOW THEREFORE, in consideration of the mutual covenants
hereinafter set forth, the Board and Dillon hereby STIPULATE
and AGREE as follows:

1. Except as provided for in paragraph 3, any decrees
entered by the Water Court for the Instream Flow Rights shall
provide that the Instream Flow Rights shall not be used as a
basis to oppose, shall not prevent the operation of, will not
be injured by. and need not be protected from injury in
connection with the Dillon Applications, or modifications
thereto, so long as the following conditions are met:

(a) To the extent Dillon elects to contract with the Bureau
of ReClamation for augmentation or replacement water'
from Green Mountain Reservoir, Dillon agrees to abide
by the following terms and conditions with regard to
diversions under the Dillon Applications:

(i) The maximum consumptive use of water from Straight
Creek or the Blue River in any single winter month
(October 1 - February 29), shall be no greater
than 4 acre feet. ' .

(ii) The maximum consumptive use of water from Straight
Creek or the Blue River during March shall be no
greater than 5 acre feet.

liii) So long as Dillon utilizes the Dillon/Silverthorne
Joint Authority Wastewater Treatment Plant or
another central wastewater treatment plant which

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