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<br />. <br /> <br />. <br /> <br />. <br /> <br />Consent Agenda Item l.c <br />Case No. 4-06CWI16: Application of Upper Gunnison River Water Conservancy District <br /> <br />Application Summary <br /> <br />This is an application for approval of a plan for augmentation. Applicant proposes to augment out <br />of priority depletions due to junior diversions upstream of the RICO (only as against the priority of <br />the RICD water right decreed in Case No. 02CW38) by accepting these depletions up to a <br />cumulative total of 2% of the lowest decreed flow rate for the RICD (270 cfs). The water rights <br />augmented include existing and future water rights exercised for all beneficial purposes within the <br />Gunnison River Basin through any decreed structure or facility. <br /> <br />CWCB Appropriations <br /> <br />The CWCB has numerous instream flow water rights within the Gunnison River Basin that could <br />be impacted by this application. <br /> <br />Potential for Iniury <br /> <br />The Colorado Water Conservation Board's instream flow water rights within the Gunnison River <br />Basin could be injured by the operation of Applicant's proposed plan for augmentation. <br />Additionally, the application seeks provisions that appear to be contrary to law. In particular, the <br />application seeks to accept "depletions to the RICD water right by in-basin water rights junior in <br />priority to the RICD Water Right," claiming that the acceptance of such depletions is equivalent to <br />having those junior rights provide replacement water. The application does not present sufficient <br />information to fully evaluate the extent to which the Board's instream flow rights may be injured, or <br />to fully evaluate how the Applicant's proposed plan of augmentation will operate. <br /> <br />Other Obiectors <br /> <br />The State and Division Engineers and Cockrell Investment Partners, L.P. also filed statements of <br />opposition to this application. <br />