BOARD00179 ‎(2)‎

• Board Meeting Date: 5/23/2007
• Description: Director's Report - CWCB Director's Report
• Board Meetings - Doc Type: Memo

CWCB StreamlLake Amount I Approp. Watershed County
Case No. (ds) i Date
5-76W2947 Castle Creek 12 I 1/14/76 Roaring Fork River Pitkin
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5-85CW646 Roaring Fork River 55/30 I 11/08/85 Roaring Fork River Pitkin
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5-85CW639 Roaring Fork River 145/75 , 11/08/85 Roaring Fork River Pitkin
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The Board ratified this statement of opposition at its March 2006 meeting. The Board's
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main objective in filing the statement of opposition in this case was to ensure that the
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Applicants' plan for augmentation and exchange would not injure the Board's instream
flow water rights on Castle Creek and the Roa~ing Fork River. Staff, in cooperation with
the Attorney General's Office, has negotiated a!settlement to ensure that the CWCB's
instream flow water rights will not be injured. i

The Board holds the following instream flow water rights that could have been injured by
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this application: I
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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 Rdaring Fork River. The Applicants have
agreed to the following terms and conditions: I

· During periods that a call has been maqe on the Colorado River or Roaring Fork
River downstream of the confluence of the Roaring Fork River and the Fryingpan
River, Basalt Water Conservancy District contract water will be released in an
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amount sufficient to offset the evaporative and irrigation depletions of the Katz
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Pond System. I
· During periods that a call has been plac~d on the Roaring Fork River or Castle
Creek upstream of the confluence of theiRoaring Fork River and Colorado River
that (a) is being recognized and administered by the Division of Engineer and (b)
cannot be satisfied with BWCD storage ~eleases, Applicants will cease diversions
from the Katz Pump & Pipeline. During: this period, no new water will be
diverted into the Katz Pond System and ~ll irrigation will cease.
· The Applicants shall install measuring d~vices, provide accounting, and supply
calculations regarding the timing of deplbtions as required by the Division
Engineer for the operation of this plan. I
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· The State Engineer shall curtail all out-of-Rriority diversions, the depletions from
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which are not so replaced as to prevent injury to vested water rights.
· The Court shall retain jurisdiction in this batter until five (5) years after the plan
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for augmentation becomes fully operatiorjlal.
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(2) Case No. 5-06CWl: Application of David BJime
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The Board ratified this statement of opposition at i~ May 2006 meeting. The Board's main
objective in filing the statement of opposition in thif case was to ensure that the Applicant's
plan for augmentation and exchange would not injure the Board's instream flow water

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