14d

• Board Meeting Date: 9/17/2008
• Description: Director's Report - CWCB Director
• Board Meetings - Doc Type: Memo

augmented in time and such fluctuations cause injury to vested rights, including an
instream flow water right or rights previously adjudicated by the Colorado Water
Conservation Board, the Applicant will use its best efforts to compensate for the
variability of its diversion rates by closely matching its augmentation releases from the
RIC Pond when out of priority to a local call on an hourly basis.
- Applicant shall limit its diversion under the RIC Pump and Pipeline water right at the
alternate point of diversion to the lesser of 0.65 cfs or the amount of water physically and
legally at the original point of diversion.
- The Applicant shall install measuring devices, provide accounting, and supply
calculations regarding the timing of depletions as required by the Division Engineer for
the operation of this plan.
- The State Engineer shall curtail all out-of priority diversions, the depletions from which
are not so replaced as to prevent injury to vested water rights.
- The Court shall retain jurisdiction in this matter for a period of eve (5) years after the
plan for augmentation becomes fully operational, and the Applicant shall provide notice
to the Division Engineer and the opposers of the date on which the augmentation plan
becomes operational.
(3) Case No. 4-05CW233 Application of Liman, LLC
The Board ratified this statement of opposition at its September 2007 meeting. The Board's main
objective in filing the statement of opposition in this case was to ensure that the Applicant's proposed
plan of augmentation and exchange of water rights does not injure the Board's instream flow water
rights on the Smith Fork Gunnison River and Curecanti Creek. Staff, in cooperation with the
Attorney General's Office, has negotiated a settlement to ensure that the CWCB's instream 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 StreamlLake Amount Approp. Watershed Count
Y
Case No. cfs Date
4-06CW228 Smith Fork 6.5 - 1/25/05 Upper Gunnison Delta
Gunnison River 12.9
4-84CW390 Curecanti Creek 3 5/4/1984 North Fork Gunnison Gunnison
4-84CW391 Curecanti Creek 5 5/4/1984 Upper Gunnison Gunnison
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 Smith Fork Gunnison River and Curecanti Creek. The Applicant
has agreed to the following terms and conditions:
- Applicant acknowledges that the CWCB has instream flow rights on the Smith Fork of
the Gunnison River for 6.5-12.9 c.f.s. with an appropriation date of 1/25/2005 decreed in
Case No. 06CW228 and on Curecanti Creek for 3 c.f.s. with an appropriation date of
5/4/1984, decreed in Case No. 84CW390.
- Due to the potential for both irrigation season and non-irrigation season calls on the
Smith Fork, Applicants augmentation plan has been developed to prevent injury even if
the Applicant must rely entirely on the 0.55 c.f.s. Head & Ferrier water right as described
in claim XIII of the proposed Decree. To that end, the augmentation plan approved in
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