14d

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

this case is designed to permit the Smith Fork Augmentation Pond to be filled in a
relatively short period of time. Nonetheless, the Applicant's use of its changed right in
the Head & Ferrier Ditch is limited to the extent necessary to offset the depletions
outlined in the Augmentation Plan approved in this case, both through direct
augmentation of depletions from the Ranch and through permitting the filling of the
Smith Fork Augmentation Pond.
- The amount and duration of diversions from Currecanti Creek through Head & Ferrier
Ditch will be limited to that demonstrated by historical use.
- Exchanges are decreed conditionally with an appropriation date of July 1, 2005.
- All refill storage rights are limited to the amount necessary to replace evaporation.
- The Applicants shall install appropriate 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.
(4) Case No. 5-03CW325 Application of Town of Gypsum (Stratton change)
The Board ratified this statement of opposition at its March 2004 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 does not injure the Board's instream flow water rights on
Gypsum Creek and the Eagle River. 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:
C~VCB
Case No. StreamlLake Amount
cfs A ro .Date
AA A Watershed Coun
~
5-80CWll7 Gypsum Creek 5 3/17/80 Eagle River Eagle
5-80CWll6 Gypsum Creek 6 3/17/80 Eagle River Eagle
5-80CW124 Eagle River 130/50 3/17/80 Eagle River Eagle
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 Gypsum Creek and the Eagle River. The Applicant has agreed to the
following terms and conditions:
The water rights decreed in CWCB's instream flow Case Nos. 5-80CWll7, 5-80CW116
and 5-80CW124 are senior to the rights owned by the Town of Gypsum:
- Little G Intake, decreed in Case No. 96CW366
- Lttle G Intake First Enlargement
- The Norgaard Ditch Town Enlargement, decreed in Case No. 91CW255
- The Eye Lake Supply Ditch, decreed in Case No. 9CW24
- The Gypsum Eagle River Pump and Pipeline, decreed in Case No. 91CW256
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