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Instream Flow and Natural Lake Level Program Summary of Resolved Opposition Cases Attachment Sd-03 The Board's ISF Rule 8i. states that: "In the event the pretrial resolution includes terms and conditions preventing injury or interference and does not involve a modification, or acceptance of injury or interference with mitigation, the Board is not required to review and ratify the pretrial resolution. Staff may authorize its counsel to sign any court documents necessary to finalize this type of pretrial resolution without Board ratification." Five stipulations have been signed in the instream flow opposition cases since the last Board meeting. Two were signed in the Nearburg Case No. 3-99CW034, one in Middle Park water Conservancy District's Case No 5-02CW375, one in Helen whinnery's Case No. 4-06Cw61, and one in Bailey Wildlife Foundation's Case No. 4-03CW07. CWCB remains a party in the Nearburg case because not all of the potential instream flow concerns were covered by the two stipulations. CWCB will continue to receive the proposed decrees in the other three cases to assure the terms and conditions are no less restrictive than those include in the stipulations. Staff has resolved issues of potential injury in the following water court cases and authorized the Attorney General's Office to enter into stipulations that protect the CWCB's water rights: (1) Case No 3-99CW034 Application of Charles E. Nearburg, Thomas Richter and Cheri Richter The Board ratified this statement of opposition at its November 1999 meeting. The Board's main objective in filing the statement of opposition in this case was to ensure that the Applicant's proposed plan for augmentation does not injure the Board's instream flow water rights on Trout Creek, Shallow Creek and the Rio Grande River by not replacing depletions in time, place and amount. Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that partially resolves CWCB's opposition to ensure that the CWCB's instream flow water rights will not be injured. Two stipulations have been signed, one covers the injury with mitigation, and the other covers existing uses claimed at the time of the instream flow appropriation, under 37-92-102(3)(B). The CWCB remains a party in the case to assure the final decree will not be less restrictive than the two stipulations and to assure the final decree terms and conditions are sufficient to protect its instream flow right on the Rio Grande River from injury. The Board holds the following instream flow water rights that could be injured by this application: CWCB Case No. Stream/Lake Amount cfs Approp. Date Watershed County 3 -99CW 166 Trout Creek 3 5/ 15 8116/82 Rio Grande Mineral 3-84CW159 Shallow Creek 3 8/16/82 Rio Grande Mineral 3-83CW039 Rio Grande River 150/65 8/16/82 Rio Grande Mineral 3-83Cw42 Rio Grande River 160/80 8/16/82 Rio Grande Mineral Rio Grande A. The stipulation covering existing uses claimed at the time of the instream flow appropriation, under 37-92-102(3)(B) includes the following terms and conditions: Miners Creek Fishery Channel No. 1: - The Applicant's (Nearburg) diversions into the Miners Creek Fishery Channel No. 1 shall be limited to the period between May 1 and October 15 of each year.