ISFAPP01486 (2) - Laserfiche WebLink

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~ N by other appropriators, shall not, as against the appropriator(s) of such imported water or the appropriators' successor(s) in interest, constitute a claim for any purpose whatsoever. Conseque.~tly, while the CWCB may use water resulting from these MVIC and DWCD transbasin diversions to preserve the natural environment to a reasonable degT~ee, the CWCB shall not be entitled to place a call against the transbasin water or to assert injury to the ISF water right if an application is filed for any type of change to these transbasin diversion water rights by either entity. 'Phis provision shall not apply to water right appropriations that are junior to this; iSF water right. 10. The CWCB shall not claim injury to the ISF water right resulting from any historic or future use of transbasin water by MVIC. MVIC shall be entitled to utilize its transbasin diversien to extinction and has no obligation whatsoever to provide flows for the I`,iF water right. Therefore, MVIC is entitled to change its use of the transbasin water in any manner, with no obligation to the 1SF water right. 11. The CWCB shall not claim injury tc the 1SF water right resulting from any historic or future use of transbasin water by DWCD. DWCD and/or the U.S. Bureau of Reclamation, as the contracts between these two entities allow, shall be entitled to utilize the transbasin ware- to extinction. Neither entity has any obligation whatsoever to provide flows for the 15F water right. DWCI) may change its transbasin water in any mann~ar, with no obligation to the 15F water right. 12. The downstream terminus of the ISF reach shall be at a point to be determined that is 200 feet upstream o-.' the Ismay Ditch's actual or decreed paint of diversion, whichever is further upstream. 13. The upstream terminus of the ISF reach shall be at the confluence of Yellow Jacket Canyon Creek and Dawson Draw. 14, The owner of a senior decreed water right located within the ISF reach shall be allowed to move the point of di~•ersion of such water right upstream or downstream on contiguous property owned by the water right owner as of the date the Board appropriated this ISF wa~:er right. Such senior water rights can be used in any manner on the contiguou;~ property which is consistent with the rights' decreed uses, provided that diversions do not exceed the historic maximum diversion rate and volume. 15. In an application for any type of proposed change of a senior absolute water right located upstream of this ISF water right, the CWCB may file a Statement of apposition but shall stipulate to the entry of a decree in such case i f the proposed change does not increase the historic consumptive use and does not increase the impact to this ISF water right.