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<br />Consent Agenda Item 1.h <br />Case No. 5-07CW087: Application of Middle Ranch, LLC <br /> <br />Application Summal'V <br /> <br />This is an application for changes of water I1ghts, an appropriative I1ght of exchange, and approval <br />of a plan for augmentation. Applicant seeks a change of use of its water rights for the Cerise <br />Brothers Ditch Nos. 1 & 2, Cerise Ditch Nos. 1 & 2, Swearingen Ditch and Highland No.2 Ditch <br />from inigation and domestic to irrigation, domestic, pond-tilling, storage, and augmentation. Also <br />included in these changes are changes in points of diversion for the Cerise Ditch Nos. 1 & 2 to the <br />Cerise Brothers Ditch Nos. 1 & 2. Applicant seeks an appropriative right of exchange between the <br />headgate of Highland No. 2 Ditch on West Sopris Creek and the confluence with Dry Creek <br />(conditional, with an appropriation date of November 30, 2005) for a total of 54.6 AF at a <br />maximum rate of 0.17 cfs. Applicant intends to divert at the Highland #2 Ditch to fill Middle <br />Ranch Ponds. Finally, Applicant seeks approval of a plan for augmentation to cover the uses from <br />the Middle Ranch Wells (applied in Case No. 06CW267) and evaporative losses from the Middle <br />Ranch Ponds also applied for in Case No. 06CW267. The proposed sources of augmentation water <br />include historic consumptive use credits, the Middle Ranch Ponds, and a Basalt Water Conservancy <br />District Allotment Contract for water from Ruedi Reservoir. <br /> <br />CWCB Appl"Opriation <br /> <br />The CWCB has appropriated the following instream flow water rights that could be injured by this <br />application: <br /> <br />C\VCB Stl'eam/Lake Amount Appl"Op, Watershed County <br />Case No, ( cfs ) Date <br />5-76W2939 West Sopris Creek ..., 1/14/76 Roaring Fork River Pitkin <br />-, <br />5-76W2951 SOpl1S Creek 5 1/14/76 Roaring Fork River Eagle <br /> Pitkin, <br />5-85CW639 Roaring Fork River 145/75 11/8/85 Roaring Fork River Gatfield <br /> Eagle <br /> <br />Potential for IniUl'V <br /> <br />The Applicant's proposed changes of water rights may result in an expansion of use that could injure <br />the Board's instream flow water rights on West Sopris Creek, Sopris Creek and the Roaring Fork <br />River. The Applicant's proposed plan for augmentation and exchange may injure the Board's <br />instream flow water rights on West Sopris Creek, Sopris Creek and the Roaring Fork River by not <br />replacing out-of-priority depletions in time, place and amount. <br /> <br />Other Obiectors <br /> <br />As of June 27, 2007, Sopris Mountain Ranch Homeowners Association also filed a statement of <br />opposition to this application. <br />