14d ‎(2)‎

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

The Board holds more than 90 instream flow water rights that could have been injured by this
application.
The CWCB and the Applicant had previously entered a stipulation in this matter on November
1 1, 2005. However, the Ruling of the Referee, entered on July 20, 2007 violated the terms of the
stipulation. Therefore, the CWCB and the Applicant have re-negotiated and have agreed to an
amended stipulation, dated June 5, 2008, for entry of a decree that will prevent injury to the
Board's ISF water rights on the Colorado River, Blue River, Fraser River and Tenmile Creek and
the tributaries thereto. The Applicant has agreed to the following terms and conditions:
- Middle Park may provide replacement water from Wolford Mountain Reservoir to each
of the Middle Park Contractees, subject to the following limitations:
Upper Colorado River Substitution and Exchange (Colorado River from Granby
Reservoir to the Fraser River): In the event that water rights located on the
Colorado River between the outlet of the Granby Reservoir and the confluence of
Muddy Creek with the Colorado River senior to December 31, 2002, are not
satisfied, including the Colorado Water Conservation Board's instream flow
water rights, the Wolford Mountain replacement water shall not be utilized as a
substituted source and replacements will be released from Granby Reservoir.
This limitation shall only apply to the Middle Park Contractees in the Upper
Colorado River Classification and only during the periods when said senior
instream flow rights or other senior water rights have an unsatisfied demand for
water. In addition, this limitation only applies to this decree, and not any other
water right decree (or finding by the Division Engineer).
Combined Upper Colorado River Classification and Colorado River/Fraser River
Substitution and Exchan e~(Colorado River from the confluence of Fraser River
to the confluence of Mudd,, Cam: In the event that water rights located on the
Colorado River between its confluence with the Fraser River and the confluence
with the Fraser River and the confluence of Muddy Creek and the Colorado
River senior to December 30, 2002 are not satisfied, including the Colorado
Water Conservation Board's instream flow water rights, the Wolford Mountain
replacement water shall not be utilized as a substituted source and replacements
will be released from Granby Reservoir. This limitation shall apply to Middle
Park Contractees in the Fraser River and Upper Colorado River and only during
the periods when said senior instream flow rights or other senior water rights
have an unsatisfied demand for water. In addition, this limitation only applies to
this decree, and not to any other water right decree (or finding by the Division
Engineer).
Blue River Substitution (Blue River Basing Within this reach, the use of the
Wolford Mountain water supply authorized by this application will not affect the
administration of the Colorado River, as the use of the Wolford Mountain source
in substitution of the Granby source will fully replace depletions affecting the
Colorado River that are caused by those entities within the Blue River
Classification without causing additional injury to any water user.
- 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 give adequate notice to the Division Engineer prior to operating the
exchanges. The Division Engineer may find that the exchanges decreed may not operate
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