14d

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

- The CWCB has made a call that is recognized and administered by the
Division Engineer for its instream flow water right decreed in Case No.
80CW 116 for the reach between Red Creek and the Eagle River.
- 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 Applicant shall, at its own expense, install and maintain proper measuring devices as
required by C.R.S. 37-92-502(5)(a).
- The Court shall retain jurisdiction in this matter until five (5) years commencing when
Applicant, or its successors and assigns, diverts at least 75 percent of the water right
changed at each alternate point of diversion.
(5) Case No 5-04C~V246 Application of Midcities 2 Ventures, LLC
The Board ratified this statement of opposition at its March 2005 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 right
Sweetwater Creek. Staff, in cooperation with the Attorney General's Office, has negotiated a
settlement to ensure that the CWCB's instream flow water right will not be injured.
The Board holds the following instream flow water right that could have been injured by this
application:
CWCB Stream/Lake Amount Approp. watershed Coun
~
Case No. cfs Date
5-80CW313 Sweetwater Creek 18 5/7/80 Colorado River Garfield,
Ea le
The CWCB and the Applicant have agreed to the entry of a decree that will prevent injury to the
Board's ISF water right on Sweetwater Creek. The Applicant has agreed to the following terms
and conditions:
- Total monthly diversions through the potable water system and bottling facility shall not
exceed 16 acre feet in any single month between November 1 and April 30, nor shall
such diversions exceed 22.5 acre feet in any single month between May 1 and October
31.
- Total annual depletions under the augmentation plan approved herein shall not exceed
200.97 acre feet; and total monthly depletions under the plan shall not exceed 45 acre feet
in any single month.
- Applicant's augmentation sources shall be managed in a manner that will enable
Applicant to demonstrate on November 1 of each year that sufficient water remains in
storage in Sweetwater Lake to meet the total augmentation requirements of the plan for
November through April of the succeeding year.
- Applicant will install a permanent staff gage on Sweetwater Creek below its confluence
with Turret Creek at a specific location to be mutually agreed upon by Applicant and
CWCB. Applicant shall maintain this gage in good working condition and shall regularly
rate the gage as necessary to ensure that it measures the flow of Turret Creek with the
degree of accuracy necessary to implement the terms and conditions of this decree. The
staff gage will be used to determine when the CWCB's instream flow right is not
satisfied.
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