BOARD00091 ‎(2)‎

• Board Meeting Date: 11/14/2006
• Description: ISF Section - Contested ISF Appropriation Hearing - Anthracite and Coal Creeks - Water Division 4
• Board Meetings - Doc Type: Hearings

determine that a future change in point of diversion or change in place or
places of storage of the water rights claimed in Case No. 06CW59, may
inundate the instream flows on Anthracite and Coal Creeks, Staff may file
a Statement of Opposition to preserve its right to protect these instream
flows.

C. To the extent the water court denies the application in Case No. 06CW59
in whole or in part, the CWCB agrees that the ISF water rights proposed
for Anthracite Creek and Coal Creek will not be used as a basis to oppose
any future application of the Fire Mountain Reservoir and Canal Company
and RMWUA to replace the water rights claimed in Case No. 06CW59,
provided that any such application is filed within 12 months following the
dismissal by the water court in Case No. 06CW59, and provided that the
amount of the storage claimed in the new application is the same or less
than the amount of storage claimed in Case No. 06CW59. In addition,
RMWUA agrees, pursuant to ISF Rule 7, that should the Board determine
that a future change in point of diversion or change in place or places of
storage of the water rights claimed in Case No. 06CW59, may inundate
the instream flows on Anthracite and Coal Creeks, Staff may file a
Statement of Opposition to preserve its right to protect these instream
flows.

D. In Case No. 05CW236, the North Fork Water Conservancy District
applied for an absolute right for the historic operation of the Ragged
Mountain Exchange. This exchange was initiated by a formal agreement
with the US Bureau of Reclamation, and was signed on June 1, 1963. The
exchange reach runs from the lowest point at the outlet for the Paonia
Reservoir upstream to the point of diversion for each individual ditch
identified in the water court application in Case No. 05CW236. The
purpose of the exchange is to allow diversion of2000 AF of water stored
in the Paonia Reservoir for the irrigation of approximately 2368 acres for
individual uses ofRMWUA. The CWCB agrees that this exchange has
been operated since June 1, 1973. It further recognizes that the RMWUA,
by agreement with the North Fork Water Conservancy District, may divert
by exchange up to a cumulative maximum of 2000 AF under the exchange
agreement so long as each individual ditch does not divert by exchange in
excess of the amounts decreed in Case No. 05CW236. The CWCB agrees
that the above described exchanges wefe in existence on the date the
CWCB appropriated the instream flow water rights applied for herein.
Additionally, the CWCB will not use the ISF water rights proposed for
Anthracite Creek and Coal Creek as a basis to oppose any future changes
of use associated with the water rights identified in Case No. 05CW236.

E. CWCB acknowledges that Snowshoe Dam and Reservoir, Case No
C5873, is a 1969 conditional decree and may inundate the proposed ISF
on Anthracite Creek and Coal Creek. CWCB agrees that proposed ISF