BOARD00031 ‎(2)‎

• Board Meeting Date: 9/20/2006
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

The CWCB and the Applicant have agreed to the entry ofa decree that will prevent injury to the Board's
ISF water rights on the Roaring Fork River. The Applicant has agreed to the following terms and
conditions: .
· At times when the CWCB's Roaring Fork River instream flow water rights as decreed in Case
No. 85CW646 are not being satisfied, Applicant agrees to discontinue the use of the Troy and
Edith Ditch augmentation water and of Ruedi Reservoir as augmentation sources for the water
rights contemplated in this plan for augmentation, and discontinue out-of-priority diversions from
the Roaring Fork River unless said diversions are fully augmented by sources located upstream of
said diversions that are suitable to the State and Division Engineers and the CWCB.
. At times when the CWCB's Roaring Fork River instream flow water rights as decreed in Case
Nos. 85CW639 and 85CW646 are not being satisfied, Applicant agrees to discontinue the use of
Green Mountain Reservoir as an augmentation source for the water rights contemplated in this
plan for augmentation, and discontinue out-of-priority diversions from the Roaring Fork River
unless said diversions are fully augmented by sources located upstream of said diversions that are
suitable to the State and Division Engineers and the CWCB.
. Applicant shall install measuring devices, provide accounting, and supply calculations regarding
the timing of depletions as may be required by the State or Division Engineer for the operation of
this plan.
. The State Engineer shall curtail all out-of-priority diversions, the depletions from which are not so
replaced as to prevent injury to vested water rights.
. The Court shall retain jurisdiction in this matter until five (5) years after the date of the decree.

(2) Case No. 4-04CW197: Application of Hill Hastings II and Bettie Hastings

The Board ratified this statement of opposition at its March 2005 meeting. The Board's main objective in
filing the statement of opposition in this case was to ensure that the Applicant's use of its changed water .
rights would not injure the Board's instream flow water right on Leopard Creek. Staff, in cooperation with
the Attorney General's Office, has negotiated a settlement to ensure that the CWCB's instream flow water
rights will not be injured.

The Board holds the following instream flow ("ISF") water rights that could have been injured by this
application:

CWCB Case StreamlLake Amount Approp. Watershed County
No. (cfs) Date
4-84CW438 Leopard Creek 2.5 07/13/84 San Miguel River San Miguel

The CWCB and the Applicant have agreed to the entry of a decree that will result in no injury to the
Board's ISF water rights on Leopard Creek. In this application, the applicant sought to add wildlife
watering as a use for the Tina Spring Pond. Based upon information provided by the Division of Water
Resources and by Alan Bradbury, the Applicants' predecessor in interest, the CWCB has concluded that
the claimed use of wildlife watering at the Tina Spring Pond was occurring on or before July 13, 1984,
the date the CWCB appropriated its Leopard Creek instream flow water right, decreed in Case No.
84CW438. Consequently, pursuant to section 37-92-l02(3)(b), c.R.S., that instream flow water right is
subject to the claimed use of wildlife watering at the Tina Spring Pond in the amount claimed.

(3) Case No. 7-05CW008: Application of Jill and Joe McKee

The Board ratified this statement of opposition at its March 2005 meeting. The Board's main objective in
filing the statement of opposition in this case was to ensure that the Applicants' proposed changes of the
point of diversion and the place of use of the Farrow and Peterson Ditch water right not injure the Board's ."
instream flow water rights on the Piedra River. The Board holds the following instream flow ("ISF") water
rights that could have been injured by this application:

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