14d

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

- Nothing shall prevent the Division Engineer from administering or curtailing the water
rights if a call that is recognized and administered by the Division Engineer is placed by a
senior water right, or if the CWCB instream flows in Cases Nos. 80CW 116, 80CW 117
and 80CW 124 are not fully satisfied and the CWCB has placed a call for said water rights
to the extent that the Applicant's junior right is located such that diversions there affect
the CWCB's calling right and if such diversions are not augmented.
- Exchanges may be operated only when in priority and shall be subject to CWCB's
instream flow water rights decreed in 80CW 116, 80CW 117, and 80CW 124.
- Applicant shall not divert its Stratton and Company Ditch water rights or the
consumptive use credits decreed at LEDE Reservoir or the Eye Lake Supply Ditch
alternate points of diversion which are upstream of the Stratton & Company Ditch's
original decreed point of diversion under the following conditions:
- The CWCB's instream flow right decreed in Case Nos. 80CW 116 and/or 80CW 117
are not fully satisfied; and
- The CWCB has placed a call recognized and administered by the Division Engineer
for said right.
- Applicant shall no divert its Stratton & Company Ditch water rights or the consumptive
use credits decreed herein at the Little G Intake or the Town of Gypsum Gravity System
Water Works, alternate points of diversion which are upstream of the Stratton & Co.
Ditch's original decreed point of diversion under the following conditions:
- The CWCB's instream flow right decreed in Case No. 80CW 116 is not fully
satisfied; and
- The CWCB has placed a call recognized and administered by the Division Engineer
for said right; and
- There is less than 6 cfs of water in Gypsum Creek between the upstream alternate
point of diversion used and the Stratton & Company Ditch headgate.
- However, diversions of the Stratton & Company Ditch water rights and consumptive use
credits at the Little G Intake and/or the Town of Gypsum Gravity System Water Works
shall not be curtailed due to a CWCB call, so long as there is a 6 cfs of water in Gypsum
Creek between the upstream alternate point of diversion used and the Stratton &
Company Ditch headgate.
- Diversions at these upstream alternate points shall not reduce the flows in Gypsum Creek
to below the amounts of the CWCB instream flow water rights decreed in Case Nos.
80CW 116 and 80CW 117.
Applicant acknowledges that the Colorado River Water Exchange and the Eagle
River Water Exchange applied for are junior to the CWCB's instream flow water
rights decreed in Case Nos. 80CW 116, 80CW 117, and 80CW 124. The Applicant
shall not augment by exchange or operate any of these exchanges if the CWCB's
instream flow water rights in any relevant reaches as decreed are not fully satisfied
and the CWCB has placed a call for any or all of said water rights.
- To replace historic lagged return flows from irrigation under the Stratton Company
Ditch water rights changed, the Applicant will cause water to be released to Gypsum
Creek from November through March, under the following condition
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