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Consent Agenda Item l .d <br />Case No. 5-08CW042: Application of W.H. wheeler, Elk Creek Ranch Development, Inc., <br />and Elk Creek Ranch Homeowner's Association <br />Application Summary <br />This is an application for change of water right and approval of a plan for augmentation in Rio <br />Blanco County. The Applicant seeks to quantify the historic consumptive use (HCU) of each water <br />right it is changing. The Applicant seeks to adjudicate a plan for augmentation to replace out-of <br />priority stream depletions caused by participating structures in this plan in time and amounts. The <br />Applicant proposes to augment depletions pursuant to this plan with HCU credits during the months <br />of April through October, and with releases from ponds during the months of November through <br />March. Some acreage has already been dried up and applicant proposes dry up of additional <br />acreage. <br />CWCB Appropriation <br />The CWCB holds the following instream flow water rights that could be injured by this application: <br />CWCB <br />Case No. StreamlLake Amount <br />cfs Approp. <br />Date Watershed County <br />5-77W3652C white River 200 1115177 Upper White Rio Blanco <br />5-77W3652E Big Beaver Creek 2 1/15/77 Upper white Rio Blanco <br />Potential for Injury <br />The Applicant's proposed change of water right and plan for augmentation may injure the Board's <br />instream flow water rights on the White River and Big Beaver Creek by not replacing depletions in <br />time, amount and location. <br />Other Ob.i ectors <br />ConocoPhillips Company and Meeker Ranching Company also filed Statements of Opposition to <br />this application. <br />