CA1d

• Board Meeting Date: 9/18/2007
• Description: ISF Section – Statement of Opposition – Case No. 4-05CW233, Application of Liman, LLC
• Board Meetings - Doc Type: Memo

Consent Agenda Item l.d
Case No. 4-05CW233: Application of Liman, LLC

Application Summary

This is an application for storage rights, surface water rights, appropriative right of exchange, and
approval of a plan for augmentation in Delta County. Applicant seeks water rights for a number of
off-chmmel ponds, springs, and feeding ditches used for diversion of water into the ponds, including
Smith Fork Ponds Nos. 1 & 2, Second Creek Pond Nos. 1-5, FelTier Spring Nos. 1 & 2, Beaver
Pond Spring, and the Smith Fork Augmentation Pond. Applicant seeks to change the use of the
Head & FelTier Ditch to add augmentation use. Applicant seeks altemate points of diversion for the
FelTier Spring Nos. 1 & 2 and the Beaver Pond Spring, and to COlTect the legal description for
Ferrier Spring No.2. Applicant seeks a right of exchange of water from Blue Mesa Reservoir to the
confluence of GUlmison River and Smith Fork of the Gunnison River, thence up the Smith Fork to
the points of depletion. The claimed date of appropriation is July 1, 2005 for a maximum rate of
0.346 cfs. Applicant seeks approval of a plan for augmentation for Smith Fork Ponds Nos. 1 & 2,
Second Creek Pond Nos. 1-5, FelTier Spring Nos. 1 & 2, Beaver Pond Spring, and the Smith Fork
Augmentation Pond. The sources of augmentation include Applicant's interest in the Head &
Ferrier Ditch water rights, the Smith Fork Augmentation Pond, and Blue Mesa Reservoir.

CWCB Appropriation

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

CWCB Stream/Lake Amount Approp. Watershed County
Case No. ( cfs ) Date
4-06CW228 Smith Fork 6.5 - 12.9 1/25/05 Upper Gunnison Delta
GUlmison River
4-84CW390 Curecanti Creek 3 5/4/1984 NOlih Fork Gunnison Gunnison
4-84CW391 Curecanti Creek 5 5/4/1984 Upper Gunnison Gunnison

Potential for Iniurv

The Applicant's proposed plan for augmentation and exchange may injure the Board's instream
flow water rights on the Smith Fork Gunnison River by not replacing out-of-priority depletions in
time, place and amount. The Applicant's proposed change of water right may result in an
expansion of use that could inj ure the Board's instream flow water rights on Curecanti Creek.

Other Obiectors
No other statements of opposition to this application have been filed.