BOARD00173 ‎(2)‎

• Board Meeting Date: 5/23/2007
• Description: ISF Section - Statement of Opposition - Case No. 4-07CW007, Application of Mountain Meadows Subdivision
• Board Meetings - Doc Type: Memo

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Consent Agenda Item 2.a
Case No. 4-07CW007: Application of Mountain Meadows Subdivision

Application Summary

This is an application for ground water rights, surface water rights, storage rights, change of water
rights, approval of a plan for augmentation, and an appropriative right of exchange on Ohio Creek
near Gunnison for use in the Mountain Meadows Subdivision, a 19+ acre parcel divided into 11
single family lots. Applicant seeks the following:
1. Ground water rights for: Center Well, Southeast Well and Southwest Well with an
appropriation date of May 11, 2000, and Northeast Well with an appropriation date of
September 16, 1999. Applicant seeks a conditional amount of 15 gpm per well for domestic
and lawn irrigation uses.
2. Surface water rights for: Home Ditch MMS Enlargement for 0.5 cfs with an appropriation
date of May 11,2000 to fill Mountain Meadows Pond for replacement of depletions from
uses within the Subdivision. .
3. Storage water rights for: Mountain Meadows Pond for 3.05 AF, conditional with the right to
fill and refill, with an appropriation date of January 11, 2007, for replacement of depletions
due to domestic use and irrigation oflawn and garden in the Subdivision. The Pond will be
filled via the Home Ditch MMS Enlargement at a rate of 0.5 cfs.
4. Change of use for the Home Ditch from direct flow to storage in Mountain Meadows Pond
for replacement of domestic and lawn irrigation depletions.
5. Approval of a plan for augmentation to cover depletions associated with uses from the
Wells and Pond. The proposed sources of augmentation are the Home Ditch, the Tingley
Ditch and Blue Mesa Reservoir. It is not clear whether the Tingley Ditch has been decreed
for augmentation use, nor does the application identify the location of the Ditch or source of
water for the Tingley Ditch water right.
6. Appropriative right of exchange from Crystal Dam up the Gunnison River to the headgate of
the Home Ditch at a rate of 0.5 cfs with an appropriation date of January 11,2007.

CWCR Appropriation
The CWCB has appropriated the following instream flow water right that could be injured by this
application:

CWCR
Case No.
4-80CWl12

StreamlLake

Approp. Watershed
Date
3/17/80 Gunnison River

County

Amount
(ds)
12

Gunnison

Ohio Creek

Potential for Iniury
The Applicant's proposed change of water right could result in an expansion of use that may
injure the Board's in stream flow water right on Ohio Creek. The Applicant's proposed plan for
augmentation may injure the Board's instream flow water right on Ohio Creek by not replacing out-
of-priority depletions in time, place and amount.

Other Objectors
The Upper Gunnison River Water Conservancy District also filed a statement of opposition to this
applIcatIon.