BOARD00067 ‎(3)‎

• Board Meeting Date: 3/12/2007
• Description: ISF Section - Statement of Opposition - Case No. 5-06CW272 - Application of John and Christine Boles
• Board Meetings - Doc Type: Memo

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Consent Agenda Item l.i
Case No. 5-06CW272: Application of John and Christine Boles

Application Summary

This is an application for surface water rights, and for approval of a plan for augmentation and
appropriative right of exchange in Eagle County, approximately 8 miles south of Wolcott.
Applicant seeks the following:
1. Conditional surface water rights for:
a. Taylor Ditch Boles Enlargement on Kelly and Taylor Creeks for I cfs.
b. Boles Pump & Pipeline on Salt Creek for 0.22 cfs.
c. The claimed appropriation date for both structures is September 28, 2005 and the
claimed uses are fish and wildlife, recreation, fire protection and augmentation.
2. Conditional storage rights for:
a. Boles Pond for 2.3 AF (filled at a rate of 1 cfs with water tributary to Kelly Creek)
for fish and wildlife, recreation, and fire protection.
b. Boles Reservoir for 4 AF for fish and wildlife, recreation, fire protection and
augmentation.
c. Boles Pond & Boles Reservoir Refill Rights and Flow-Through Diversions at a rate
of 1 cfs for fish and wildlife, recreation, fire protection and augmentation.
d. The claimed appropriation date for these structures is September 28,2005.
3. Approval ofa plan for augmentation:
a. Boles Reservoir will serve as an operational storage structure for the release of water
to augment evaporation and the initial fill of the Boles Pond, to fill and refill the
Boles Pond, and as a source to maintain the water level of the Boles Pond.
b. Applicant proposes to augment by exchange using contract water from the Colorado
River Water Conservation District from sources on the Colorado River and the
Eagle River.

CWCB Appropriations

CWCB Case No. Stream/Lake Amount (cfs) Approp. Date Watershed County
5-03CW265 Salt Creek 0.75 1/22/03 Eagle River Eal!le
5-77W3625 Brush Creek 12 7/26/77 Eagle River Eagle
5-80CW124 Ea~de River 130/50 3/17/80 Eagle River Eagle

Potential for Iniurv

The Applicant's proposed plan for augmentation may injure the Board's instream flow water rights
on Salt Creek, Brush Creek, and the Eagle River by not replacing out-of-priority depletions in time,
place and amount.

Other Obiectors

Foot Creek Corporation of Arizona and Grandilla, Inc. also filed statements of opposition to this
application.