BOARD00031 ‎(2)‎

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

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CWCB Case StreamlLake Amount Approp. Watershed County
No. (cfs) Date
7-78W1815 Piedra River 70/40 3/16/78 Piedra River Archuleta
7 -79CW045 Piedra River 70/40 3/14/79 Piedra River Archuleta

The CWCB and the Applicants have agreed to the entry of a decree that will prevent injury to the Board's
ISF water rights on the Piedra River. The Applicants have agreed to the following terms and conditions:

. To prevent expansion of use, the Applicant agrees to limit its diversions of the changed water
right at the new Buckskin-Nailor point of diversion to the amount that is physically and legally
available at the original Farrow-Peterson point of diversion.
. 9.9 Acres will be dried up from irrigation by the Farrow-Peterson Ditch.
. The Applicant shall comply with the orders of the State or Division Engineer to install necessary
measuring devices, and shall keep records and make reports as reasonably requested by the State
or Division Engineer.

(4) Case No. 4-04CW175: Application of Telecam Partnership II, Ltd.

The Board ratified this statement of opposition at its January 2005 meeting. The Board's main objective in
filing the statement of opposition in this case was to ensure that the Applicants' proposed plan for
augmentation would not injure the Board's instream flow water rights on the San Miguel River and South
Fork San Miguel River. The Board holds the following instream flow ("ISF") water rights that could have
been injured by this application:

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CWCB Case StreamILake Amoun Approp. Watershed County
No. t (cfs) Date
4-84CW 427 San Miguel River 6.5 7/13/1984 San Miguel River San Miguel
4-84CW429 San Miguel River 20 7/13/1984 San Miguel River San Miguel
4-84CW430 SF San Miguel River 9 7/13/1984 San Miguel River San Miguel

The CWCB and the Applicant have agreed to the entry of a decree that will prevent injury to the Board's
ISF water rights on the San Miguel River and South Fork San Miguel River. The Applicant has agreed to
the following terms and conditions:

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. Applicant will not operate the plan for augmentation and exchange decreed herein in a manner
causing the flows in the affected reaches of the San Miguel River to drop below the Board's decreed
minimum instream flow water rights described above. When Applicant is operating under the plan
for augmentation decreed herein, Applicant my continue out-of-priority diversions, so long as such
diversion do not cause injury to the Board's minimum instream flow water rights described above.
When and to the extent the above-referenced ISF water rights are not satisfied, Applicant shall curtail
its diversions from the lllium Wells, or replace its out-of-priority depletions at or upstream of where
the depletions impact the stream, to the extent treated wastewater return flows will enter the stream at
or upstream from the points of diversion for the lllium Wells. When and to the extent the above-
referenced ISF water rights are not satisfied, Applicant shall curtail its diversions from the lllium
Wells or replace its out-of- priority diversions at or upstream of where the diversions impact the
stream, to the extent treated wastewater return flows will enter the stream downstream form the
points of diversion for the lllium Wells. For the lllium Pond and Golf Course Ditch, when and to the
extent the above-referenced ISF water rights are not satisfied, Applicant shall curtail diversions to the
pond and ditch, or replace its out-of-priority diversions at or upstream of where the diversions impact
the stream.
. 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.

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