DISTRICT COURT, WATER DIVISION NO. 5 STATE OF COLORADO Court Address: 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601 (970) 928-3062 telephone CONCERNING THE APPLICATION FOR WATER RIGHTS OF: THE CITY OF GLENWOOD SPRINGS, COLORADO in Gar?eld County, Colorado. DATE FILED: May 31, 2C FILING ID: 454683F97OI CASE NUMBER: 2013C) A COURT USE ONLY A 16 3:28 PM 155 V3109 Attorneys for Applicant, City of Glenwood Springs: Name: Address: Telephone: Facsimile: E-Mail: Name: Address: Telephone: Facsimile: E-Mail: Mark E. Hamilton, #24585 HOLLAND HART LLP 600 East Main Street, Suite 104 Aspen, CO 81611-1991 (970) 925-3476 (866) 784-7682 MEHamilton?hollandhart.com Christopher L. Thorne, #20003 Kylie J. Crandall, #41159 HOLLAND HART LLP 555 17th Street, Suite 3200 Denver, CO 80202-3979 (303) 295-8488 (303) 713-6310 C'l?hm'nefrilhollandharLcom KJCrandalIffilhollandharteom Case Number: 13 CW 3109 STIPULATION WITH THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS Applicant, City of Glenwood Springs, Colorado (?Glenwood Springs?) and Opposer, the City and County of Denver, acting by and through its Board of Water Commissioners (?Denver Water?), by and through their undersigned counsel, stipulate and agree as follows: 1. Denver Water agrees to entry of a decree approving the Recreational In-Channel Diversion water rights (the Water Rights?) requested in this case, that is no less District Court, Water Division No. 5, State of Colorado Case No. Application of City of Glenwood Springs, Colorado Stipulation with Denver Water Page 2 of 5 82838.0001 restrictive than the proposed decree dated December 11, 2015 that is attached to this stipulation as Exhibit A (?Proposed Decree?) and incorporated by this reference. 2. Notwithstanding paragraph 1 above, any subsequent proposed or ?nal decree in this matter may contain different time periods for the speci?ed ?ow rates for the RICD Water Rights, or lower flow rates than those claimed in the initial application for each time period, provided that: the RICD season shall not start earlier than April 1 nor end later than September 30; no flow rate shall be in excess of 1250 c.f.s. prior to April 30 or after July 23; no more than a total of 46 consecutive days each year may have ?ow rates in excess of 1250 c.f.s; and no more than 5 consecutive days each year may have flows rates in excess of 2,500 c.f.s. and up to 4,000 c.f.s. Any such modi?ed decree shall be considered no less restrictive than the Proposed Decree for purposes of this stipulation. 3. Denver Water and Glenwood Springs are signatories to the Colorado River Cooperative Agreement, effective September 26, 2013 (the Article VI.G of the CRCA provides that Denver Water will not oppose Glenwood Springs?: ?Filing of a water rights application for a Recreational In-Channel Diversion provided that any application ?led for any proposed structure above the confluence of the Roaring Fork and Colorado Rivers does not: (1) Claim a ?ow rate that exceeds the amount of water needed to satisfy the Senior Shoshone Call for 1,250 at the Dotsero gage; (2) Seek an amount of water in excess of that needed to replicate historic operations under the Senior Shoshone Call; or (3) Impair Denver Water?s ability to divert under Article VI [of the The ?Senior Shoshone Call? is de?ned by the CRCA as request to the state water of?cials to curtail diversion of junior water rights to produce a ?ow at the Dotsero Gauge of 1,250 c.f.s. for power purposes at the Shoshone Power Plant? under the 1902 water right decreed to the Shoshone Power Plant. 4. The CRCA also provides for possible future development by Denver Water and West Slope signatories of the ?Upper Colorado Cooperative Project? (the The UCCP is de?ned by the CRCA as ?a water supply project located on the West Slope, agreed to by Denver Water and the West Slope Signatories to this Agreement, and designed to produce water for use on the East and West Slopes, including at least 20,000 acre-feet of average annual diversions for use on the East Slope.? District Court, Water Division No. 5, State of Colorado Case No. Application of City of Glenwood Springs, Colorado Stipulation with Denver Water Page 3 of 5 82838.0001 5. In order to ensure that the operation of the RICD Water Rights claimed by Glenwood Springs in this case will be consistent with the CRCA, Glenwood Springs and Denver Water agree as follows: a. Glenwood Springs may divert the ?ow rates set forth in the Proposed Decree even if the ?ow rates exceed the amount of water needed to satisfy the Senior Shoshone Call for 1,250 c.f.s. at the Dotsero gage. However, pursuant to this Section 5.a, Glenwood Springs shall not place a call under the RICD Water Rights in excess of 1,250 c.f.s. at any time when doing so would impair the ability to divert or store water for use on the East and West Slopes, including at least 20,000 acre-feet of average annual diversions for use on the East Slope. Prior to May 20 of any year in which the UCCP is operational, and during subsequent UCCP operations during such year, Glenwood Springs shall notify Denver Water, and the two parties shall periodically consult in order to evaluate potential impairment to the UCCP and to avoid any operational conflicts that may be caused by the administration of the RICD Water Rights. b. Glenwood Springs shall not place a call for the RICD Water Rights in excess of that needed to replicate historic operations under the Senior Shoshone Call, when doing so would impair the ability to divert or store water for use on the East and West Slopes, including at least 20,000 acre-feet of average annual diversions for use on the East Slope. c. The signatories to the CRCA recognized the 2007 Shoshone Agreement between Denver Water and Xcel Energy, which provides that during defined periods of water shortage, the Shoshone Call can be relaxed to a one turbine call of 704 c.f.s. or such other greater amount as necessary to avoid the initiation of a Cameo Call. Pursuant to the 2007 Shoshone Agreement, a Shoshone Call relaxation may occur from March 14 to May 20, inclusive. The RICD Water Rights can potentially place a call during a portion of this period (from April 1 to May 20). To avoid con?ict between a simultaneous call by the RICD Water Rights and a Shoshone Call relaxation pursuant to the 2007 Shoshone Agreement, Glenwood Springs and Denver Water agree as follows for so long as the 2007 Shoshone Agreement is in effect and under any renewals thereof: (1) Glenwood Springs may divert its full RICD Water Rights during a Shoshone Call relaxation pursuant to the 2007 Shoshone Agreement; and (2) during such periods when a Shoshone Call relaxation is in effect, Glenwood Springs shall not place a call under the RICD Water Rights for any amount of water in excess of the amount of the allowed Shoshone Call at such time, if calling for a greater amount during such periods would impair Denver water?s ability to divert under Article VI of the CRCA. District Court, Water Division No. 5, State of Colorado Case No. Application of City of Glenwood Springs, Colorado Stipulation with Denver Water Page 4 of 5 82838.0001 d. Glenwood Springs shall not oppose, or seek terms and conditions, in any federal, state or county regulatory processes regarding implementation of the UCCP, relicensing or permitting of Denver Water?s existing facilities, or the development of any Water Division 5 conditional water rights listed in Attachment of the CRCA, so long as: (1) the UCCP, existing facilities and water rights does not include contemplated drafts or yields in excess of the amounts of the existing facilities or speci?ed in the and (2) ?ows available at the Dotsero gage will not be diminished to less than 1,250 c.f.s. from April 1 through September 30; except as may otherwise be permitted under the 2007 Shoshone Agreement, and any renewals thereof. 6. Denver Water may continue to monitor this case and receive copies of ?lings with the Water Court, but is not required to submit further disclosures or to meet further deadlines in this case. 7. Denver Water will not oppose entry of any decree that is consistent with this stipulation. Denver Water shall remain a party in this case and reserves the right to participate in any future proceedings in this case, including trial, in order to enforce the terms of this stipulation and defend against terms and conditions inconsistent with this stipulation. 8. Denver Water will timely review any Ruling of the Referee or ?nal decree by the Water Court in this case and will assert any objection it has to that decree as inconsistent with this stipulation, before the applicable deadline for protest or objection has expired. 9. The nature and limitations of the RICD Water Rights to be decreed in this case are part of a compromise and settlement, involve unique circumstances and shall not establish any precedent for any future RICD applications that Denver Water may oppose. 10. Denver Water agrees that it will not oppose any applications for ?ndings of reasonable diligence or applications to make the RICD Water Rights absolute in whole or in part, except for the limited purpose of ensuring consistency with the CRCA. 11. This stipulation shall bind Glenwood Springs and Denver Water and their respective successors and assigns. Glenwood Springs and Denver Water will each bear their own costs and fees, including attorneys? fees, in this case. Glenwood Springs and Denver Water agree that if this stipulation is approved by the Water Court, this stipulation shall be enforceable by them either as an agreement or as an order of the Water Court. Denver Water consents to a motion by Glenwood Springs requesting that the Water Court approve this stipulation. District Court, Water Division No. 5, State of Colorado Case No. Application of City of Glenwood Springs, Colorado Stipulation with Denver Water Page 5 of 5 82838.0001 I4. Glenwood Springs and Denver Water represent and affirm that the signatories to this stipulation are legally authorized to bind the parties in this case. DATED this of ,2016. Christopher L. Thorne, No. 20003 Mark E. Hamilton, No. 24585 Kylie J. Crandall, No. 4] 159 HOLLAND HART, LLP ATTORNEYS FOR APPLICANT, GLENWOOD SPRINGS 7s797s7_s PATRICIA L. WELLS, General Counsel CASEY S. FUNK, No. ?638* MARY J. BRENNAN, N0. l2734 DANIEL J. ARNOLD, No. 35458 JAMES M. WITTLER, No. 44050 By: Attorneys for poser, the Ci and County of Denver, aeti by and through its Board of Water Commis ioners