5-87CW293 Final Decree Exhibits - Laserfiche WebLink

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~ , (e) To the extent Dillon changes the point of diversion for the Straight Creek Ditch water right to points located on the Snake River, Dillon will curtail diversions from Snake River whenever the flow in the Snake River, as measured at the USGS Snake River gage, are less than or equal to 12 cfs (April - September) and 6 cfs (October - March). (f) The Board recognizes and agrees that any water diverted by Dillon may by returned to the Blue River at or above the outfall of the Dillon/Silverthorne Joint Authority Wastewater Treatment Plant. 3. The Board reserves the right to oppose future applications or amendments to the Dillon Applications to insure that the terms and conditions of this agreement are met. It is expressly understood and accepted by both parties that future applications of Dillon or amendments to the Dillon Applications may include points of diversions located as follows: a) below the points where the Blue River and its ~ributaries enter Dillon Reservoir: b) on the Blue River and' its tributaries below Dillon Reservoir: c) wells depleting Dillon Reservoir or the Blue River as its passes through Dillon Reservoir: or d) wells on the Blue River or its tributaries below the reservoir and if limitations are contained so that ~iversions under the DIllon Applications, any amendments thereto or future applications of Dillon do not exceed the limitations in paragraphs l.(a), l.(b), 2.(a) and 2.(d) above, then those applications meet the terms and conditions of this agreement and the opposition shall be withdrawn and the Board shall not prevent or cause the, curtailment of the diversions provided further' that any diversions from the Snake River are separately treated in paragraph 2.(e). Further, the Board reserves the right to file statements of opposition to any changes to Case No. W-12 not specifically identified in paragraph 2.(d). 4. This agreement shall neither prevent the Board from seeking terms and conditions outside the context of a water court proceeding with respect to the permitting, constructing or operating of any reservoir or supplemental augmentation facility yet-to-be constructed or yet-to-be enlarged. nor shall this agreement impair the Board's ability to comply with CRS 37-60-122.2, 1987 Supp. with respect to the permitting, constructing or operating of any reservoir or supplemental augmentation facility yet-to-be constructed or yet-to-be enlarged. S. The terms of this agreement are binding upon the parties' successors, assigns and designees. 6. Subject to the inclusion of tne foregoing terms and conditions of this Agreement in any decrees entered in the -6- ..........