14d ‎(2)‎

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

object to any expansion of Shallow Creek Lake beyond the size of the Lake at the
time of the CWCB's appropriation.
Caster Ditch and Pond:
- The CWCB acknowledges and agrees that diversions into the Caster Ditch and Pond, at a
rate of up to 4 c.f.s., constitute practices in existence predating the CWCB's instream
flow right on Trout Creek decreed in Case No. 84CW166. Pursuant to section 37-92-
102(3)(b), C.R.S., the CWCB acknowledges and agrees that the Trout Creek instream
flow water right is subject to the foregoing diversions for various purposes accordingly,
the CWCB shall not place a call for the Trout Creek instream flow water right as against
Nearburg's exercise of the Caster Ditch and Pond, subject to the terms of subparagraph
3.D.ii.
- Nearburg agrees to limit diversions to the Caster Ditch and Pond for recreation,
piscatorial, and fish and wildlife habitat purposes as follows:
- During the period of May 1 to October 15 each year, diversions into the Caster Ditch
and Pond shall be limited by flow amount in Trout Creek according to the table
included in the stipulation.
- To protect the fisheries within the Caster Ditch and Pond system, Nearburg's
diversions may be ramped down at a rate of 0.5 cfs per day as flows in Trout Creek
decline, until the applicable flow rate limit is reached.
- During the period of October 16 to April 30 each year, diversions into the Caster
Ditch and Pond shall be limited to a fixed rate of 0.5 c.f.s.
- In order to administer the diversion limitations, Nearburg agrees to install a gage, with an
electronic continuous recorder, in Trout Creek (the "Trout Creek Gage") immediately
above the point of diversion for the "Rankin Inlet," and to calibrate, maintain and replace
the gage as maybe reasonably required. Alternately, if location of the Trout Creek Gage
above the Rankin Inlet is not feasible, then the Trout Creek Gage may be located at such
other location on Trout Creek to be determined by Nearburg and subject to the reasonable
approval of the CWCB staff.
- The Division Engineer, or his designee, shall have access to the Trout Creels Gage and
recorder and measuring devices on the Trout Creek Structures without prior notice to
Nearburg as provided by Colo. Rev. Stat. § 37-92-502(6) (2007).
- The limitations on diversions into the Caster Ditch and Pond are separate from, and shall
not limit Nearburg's right to divert water in priority, during the irrigation season,
pursuant to interests in the water rights for the Trout Creek Ditch, Trout Creek Ditch No.
2, Trout Creek Ditch No. 3, and Trout Creek Ditch No. 4, which rights are more fully
described in the February 20, 1980 Amended Decree entered in Case No. W-3194,
District Court, Water Division No. 3. Nearburg's interests in the foregoing water rights,
which are senior to the CWCB's Trout Creek instream flow water right, are diverted
through the same structure as the Caster Ditch and Pond and have historically been used
to irrigate portions of Nearburg's Trout Creek Ranch property.
- Whether the water diverted to the Caster Pond is to be delivered to Herb Story or back to Trout
Creek will be left to the discretion of the local water commissioner.
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