20b

• Board Meeting Date: 9/18/2007
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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The CWCB and the Applicant have agreed to the entry of a decree that will prevent injury to the
Board's ISF water rights on the Eagle River. The Applicant has agreed to the following terms
and conditions:

- The Applicant acknowledges that the CWCB instream flow water rights are senior in
priority to the Berry Creek Pond. The conditional water right for the Beny Creek Pond
shall be administered as being filed in the year 2003 and shall be administered as junior
in priority to all decreed water rights for which applications were filed in previous years.

- The Applicant has withdrawn its claims to change its Howard Ditch First Enlargement
water rights. Those claims were dismissed without prejudice by Order of the Court,
dated March 20,2007.

- The Applicant shall install measuring devices and provide accounting of diversions as
may be required by the Division Engineer.

(2) Case No. 5-02CW395: Application of Town of New Castle

The Board filed a Motion to Intervene and Statement of Opposition in this case on March 23,
2005. The Board's main objective in filing the statement of opposition in this case was to ensure
that the Applicant's proposed plan for augmentation and appropriative rights of exchange would not
injure the Board's instream flow water rights on East Elk Creek and Elk Creek. Staff, in
cooperation with the Attorney General's Office, has negotiated a settlement to ensure that the
CWCB's in stream flow water rights will not be injured.

The Board holds the following instream flow water rights that could have been injured by this
application:

CWCB Stream/Lake Amount (cfs) Approp. Watershed County
Case No. Date
5-80CW294 East Elk Creek 10 cfs (May 1 - Sept. 30) 05/07/80 Colorado River Garfield
6 cfs (Oct 1 - Apr. 30)
5-80CW315 Elk Creek 15.0 cfs (May 1 - Sept. 30) 05/07/80 Colorado River Garfield
8.0 cfs (Oct 1 - Apr. 30)

The CWCB and the Applicant have agreed to the entlY of a decree that will prevent injmy to the
Board's ISF water rights on East Elk Creek and Elk Creek. The Applicant and CWCB have
agreed and acknowledge the following:

- Applicant acknowledges that the appropriative rights of exchange are junior to CWCB' s
instream flow rights on East Elk Creek and Elk Creek (below the confluence with East Elk
Creek).

- If the CWCB's senior instream flow rights on East Elk Creek and/or Elk Creek below the
confluence with East Elk Creek are calling for water, then the Applicant will not operate the
Elk Creek/East Elk Creek Exchange or the East Elk Creek Exchange.

- Applicant shall install measuring devices, provide accounting, and supply calculations
regarding the timing of depletions as required by the Division of Engineer for the operation
of the augmentation plan.

Flood Protection. Water Project Planning and Finance. Sn-eam and Lake Protection
Water Supply Protection. Conservation Planning