BOARD00031 ‎(2)‎

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

· The Court shall retain jurisdiction in this matter for a period of five (5) years commencing from
the date that the Applicant reports to the Division Engineer that 75% of the allowable additional .
demand to augmented hereunder has been served by the structures augmented by this decree.
. Applicant shall install, maintain and monitor at locations determined by the Division Engineer,
and at Applicant's expense, such measuring devices, provide as-built pond capacity tables, and
accounting, and supply such calculations regarding the timing of depletions as may be required
by the Division Engineer.

(5) Case No. 5-01CW354: Application of Grand Elk Partners, LLC

The Board ratified this statement of opposition at its March 2002 meeting. The Board's main objective in
filing the statement of opposition in this case was to ensure that the Applicants' proposed change of water
rights and additional source of augmentation water under a previously decreed plan for augmentation
would not injure the Board's instream flow water rights on Tenmile Creek, the Fraser River and the
Colorado River.

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

CWCB Case StreamlLake Amount Approp. Date Watershed County
No. (cfs)
5-90CW294 Tenmile Creek 4/2 11/27/90 Fraser River Grand
5-90CW308B Fraser River 30/19 11/27/90 Fraser River Grand
5-80W447 Colorado River 90 07/08/80 Colorado River Grand

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 Tenmile Creek, the Fraser River and the Colorado River. The Applicant has agreed to
the following terms and conditions:

. Applicant has agreed to continue to operate the plan for augmentation decreed in Case No.
98CW311, as modified in Case No. 01CW354, in accordance with all terms and conditions set
forth in the existing decree in Case No. 98CW311.
· In connection with the diversion of water under the priority of the junior surface diversions
(Grand Elk Golf Diversion Nos. 1 and 2) and the junior storage rights (Grand Elk Ponds A-F)
decreed in Case No. 98CW31I , as modified herein (all diverted at the Grand Elk Golf Diversion
Nos. 1, lA, 2, 2A and Grand Elk Well No. I), at any time the streamflow ofTen-Mile Creek or
the Fraser River, downstream from the diversion points, is less than the amounts decreed to the
CWCB in Case Nos. 90CW294 and 90CW308, Applicant agrees to curtail its diversions to the
extent necessary to restore the streamflow to the amounts decreed to the CWCB in Case Nos.
90CW294 and 90CW308.
. In connection with the junior appropriative rights of exchange, Applicant agrees:
o Applicant will not operate the 1998 appropriative right of exchange from the confluence
of the Blue River and the Colorado River to the Val Moritz Well Nos. I through 4,
unless the CWCB's instream flow rights decreed in Case Nos. 80CW448, 80CW446,
80CW447, and 90CW308 are satisfied.
o Applicant will not operate the 1998 appropriative right of exchange from the confluence
of the Blue River and the Colorado River to the Grand Elk Golf Diversion Nos. I and 2
unless the CWCB's in stream flow rights decreed in Case Nos. 80CW448, 80CW446,
80CW447, 90CW308, and 90CW294 are satisfied.
. With regard to the Applicant's proposed augmentation plan, the Applicant seeks to augment: 1) .
diversions at the Val Moritz Well Nos. 1-4; 2) surface diversion at the Grand Elk Golf Diversion

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