14d ‎(2)‎

• Board Meeting Date: 7/22/2008
• Description: Directors' Reports - CWCB Director
• Board Meetings - Doc Type: Memo

- At times when CWCB's Miners Creek instream flow right is not being met and the
CWCB has placed a call for said water right, Nearburg shall curtail diversions to the
Miners Creek Fishery Channel No. 1.
- The Miners Creek Fishery Channel No. 1 shall be excavated to a depth that does not
intercept groundwater tributary to Miners Creek, or, alternately, shall be lined to prevent
the structure from intercepting groundwater tributary to Miners Creek.
Rio Grande Fishery Channel Nos. l & 2 and Broadacres Compound Irrigation Diversion:
- At times when the CWCB's Rio Grande instream flow right decreed in Case No.
83CW39 is not being met and the CWCB has placed a call for said water right, Nearburg
shall either curtail surface diversions to the Rio Grande Fishery Channel Nos. 1 & 2 and
Broadacres Compound Irrigation Diversion, or augment out-of priority surface diversions
attributable to such structures in time, place and amount, to the extent necessary to
prevent injury to the CWCB's instream flow right. Out-of priority depletions, if any,
attributable to interception of ground water by the Rio Grande Fishery Channel Nos. 1 &
2 shall be fully augmented in time, place and amount.
Shallow Creek Fishery Channel No. 1 and John R. Grant Ditch Fishery Enlar e}., ment•
- Nearburg's surface water diversions into the Shallow Creek Fishery Channel No. 1 and
John R. Grant Ditch Fishery Enlargement shall be limited to the period between May 1
and October 15 of each year.
- At times when the CWCB's Shallow Creek instream flow right is not being met and the
CWCB has placed a call for the water right, Nearburg shall curtail surface diversions to
the Shallow Creek Fishery Channel No. 1 and John R. Grant Ditch Fishery Enlargement.
- The CWCB acknowledges and agrees that diversions at the rate of up to 50 gallons per
minute from the Broadacres Spring No. 1 for use as the sole source of supply of up to 11
guest cabins, an office, 2 houses, and a bath house, all associated with Nearburg's
Broadacres Ranch, constitutes a practice in existence predating the CWCB's instream
flow right on Shallow Creek decreed in Case No. 84CW 159. Pursuant to section 3 7-92-
102(3)(b), C.R.S., the CWCB acknowledges and agrees that the Shallow Creek instream
flow water right is subject to the foregoing diversion and uses, and the CWCB will not
place a call for the Shallow Creek instream flow water right as against Nearburg's
exercise of the Broadacres Spring No. 1 for uses and in amounts as stipulated.
- At times when the CWCB's Shallow Creek instream flow right is not being met and the
CWCB has placed a call for stipulated water right, Nearburg shall offset depletions
associated with the Shallow Creek Fishery Channel No. 1 and John R. Grant Ditch
Fishery Enlargement, as against the instream flow right, by foregoing diversions of the
Broadacres Spring No. 1.
- The limitations on diversions into the Shallow Creek Fishery Channel No. 1 and John R.
Grant Ditch Fishery Enlargement, as specified in the Stipulation (Paragraph 3C), are
separate from, and shall not limit, the right previously recognized in the June 16 203
letter from Ted Kowalski, which states:
- [The CWCB is] willing to recognize the diversions of most of Shallow Creek into
Shallow Creek Lake for fish purposes as apre-existing use that the CWCB must
recognize pursuant to Section 37-92-103(3)(b). Such diversion, however, must pass
some part of Shallow Creek, as has occurred in the past. Moreover, the Board would
2