consent_1e

• Board Meeting Date: 3/18/2008
• Description: ISF Section – Consent Agenda – Case No. 1-07CW311, Application of Flying Horse Ranch, LLC
• Board Meetings - Doc Type: Memo

Consent Agenda Item l.e
Case No. 1-07CW311: Application of Flying Horse Ranch, LLC
Application Summary
This is an application for change of water rights, storage right and approval of a plan for
augmentation in Park County near the Town of Jefferson. The Applicant seeks a change of use
for applicant's interest in the Baker Ditch water rights from irrigation to augmentation and storage
in the Flying Horse Reservoir. The Applicant also seeks a water storage right for Flying Horse
Reservoir, anoff-channel reser~~oir, for 80 acre-feet with an appropriation date of May 1, 2006. The
Reservoir will be filled ~~ia the Baker Ditch at a rate of 7.6 cfs. Source of the water is Guernsey
Gulch, a tributary of Tarryall Creek. The use of the water is for recreational, piscatorial,
augmentation, exchange and substitution. In addition, the Applicant seeks appro~~al of a plan for
augmentation to provide replacement water for Flying Horse Reservoir evaporation, estimated at
42.6 AF per year. The source of augmentation water is the consumptive use credits associated with
Applicant's 89% interest in the water rights decreed to the Baker Ditch.
CWCB Appropriation
The CWCB holds the following instream flow water rights that could be injured by this application:
CWCB
Case No. Stream/Lake Amount
(cfs) Approp.
Date Watershed County
1-76W8234 Jefferson Creek 6 01/14/76 South Platte Headwater Park
1-76W8230 Michigan Creek 7 01/14/76 South Platte Headwater Park
1-77W8729 Tarryall Creek 14 11/15/77 South Platte Headwater Park
1-77W8730 Tarryall Creek 20 11/15/77 South Platte Headwater Park
Potential for Injury
The Applicant's proposed change of use may result in an expansion of use that may injure the
Board's instream flow water rights on Jefferson Creek, Michigan Creek and Tarryall Creek.
Also, the Applicant's proposed plan for augmentation may injure the Board's instream flow water
rights on Jefferson Creek, Michigan Creek and Tarryall Creek by not replacing depletions in time,
amount and location.
Other Objectors
The Center of Colorado Water Conservancy District (CCWCD), the City of Aurora, the Upper
South Platte Water Conservancy District, the City and County of Den~~er, and the Farmers Reservoir
and Irrigation Company (FRICO) also filed Statements of Opposition to this application.