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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MEMdlrlNDUM OF AGREEMENT AND STI~_wATION

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This Aqreement dated this 20th day of October. 1988 is
between Dillon Valley District ("Dillon Valley") and the
Colorado Water Conservation Board (the "Board") a division of
the Colorado Department of Natural Resources.

WHEREAS, pursuant to 537-92-102(3), CRS 1987 Supp., the
Board has made application with the District Court in and for
Water Division 5, State of Colorado (the "Water Court"), in
Case Nos. 85CW627, 85CW632, 85CW638, 85CW640, 85CW641. 85CW643.
85CW647, 85CW650, 86CW92, 86CW93, 86CW204, 86CW205, 86CW209,
86CW210, 86CW211, 86CW21S, 86CW217, 86CW223, and 86CW224, as
consolidated in Case No. 85CW627 (the "Consolidated Cases"),
Case No. 85CW648, and in Case Nos. 87CW293 through 87CW299 for
instream flow water rights on the stream seqments set forth in
the attached Appendix A (collectively hereinafter the "Instream
Flow Rights"):

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

WHEREAS, Dillon Valley has filed an application for a plan
for augmentation and exchange in Case No. 87CW218;

WHEREAS, the Board has filed a statement of opposition to
CaSe No. 87CW218;

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
"Summit 'County Agreement") as recorded at Reception No. 357033
in the Summit County real property records and attached hereto
as Appendix B;

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
Dillon Storage Water"):

WHEREAS, the Board and Summit County have entered into the
Lower Blue River Memorandum of Agreement (the "Board/County
Agreement");

WHEREAS, the Board/County Agreement provides for the
withdrawal of Summit County's, opposition to the Instream Flow
Riqhts and provides, for mitigation measures which will protect
the Instream Flow Rights and the aquatic environment while
enabling the County and its designees to utilize the
unallocated portions of the 100 Acre Feet Dillon Storage Water;

WHEREAS, Summit County has previOUSly deeded or optioned to
water users within Summit County all but 72.52714 acre feet of
the 100 Acre Feet Dillon Storaqe Water;
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EXHIBIT
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