14d ‎(2)‎

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

from time to time due to a more senior call within the reach of the exchange, including a
call from the instream flow water rights.
- The Court shall retain jurisdiction in this matter for a period of five (5) years after the
initial operation of the additional replacement source.
- Actual transit losses will be determined and assessed at the time the releases are made
and may be modified per CRS 37-80-102(7) & CRS 37-83-104 as determined necessary
by the Division Engineer.
(3) Case No 4-06CW061 Application of Helen E. Whinnery
The Board ratified this statement of opposition at its July 25, 2006 meeting. The Board's main
objective in filing the statement of opposition in this case was to ensure that the Applicant's proposed
change of water rights does not injure the Board's instream flow water rights on Elk Creek and Lake
Fork Gunnison River. Staff, in cooperation with the Attorney General's Office, has negotiated a
settlement to ensure that the CWCB's instream flow water rights will not be injured.
The Board holds the following instream flow water rights that could have been injured by this
application:
CWCB StreamlLake Amount A ro .Date
pp p Watershed Coun
~
Case No. cfs
4-80CW123 Elk Creek 3 3/17/80 Gunnison River Gunnison
Lake Fork
4-80CW119 45/25 3/17180 Gunnison River Gunnison
Gunnison River
The CWCB and the Applicant have agreed to the entry of a decree that will prevent injury to the
Board's ISF water rights on Elk Creek and the Lake Fork Gunnison River. The Applicant has
agreed to the following terms and conditions:
- The change of Applicant's water rights from the Whinnery Elk Creek and Narrow Gauge
Creek Ditch to the Thomas Roach Ditch No. 2, the point of diversion on Elk Creek is as
follows:
- From Elk Creek - 0.29 cfs for irrigation use, adjudication date March 28, 1904,
appropriation date August 1, 1903, Priority 103;
- From Elk Creek - 4.96 cfs for irrigation use, adjudication date March 28, 1904,
appropriation date May 11,1906, Priority 147;
- The change of Applicant's water rights from the Whinnery Elk Creek and Narrow Gauge
Creek Ditch to the Thomas Roach Ditch No. 2, the point of diversion on Narrow Gauge
Creek is as follows:
- From Narrow Gauge Creek - 2.08 cfs for irrigation use, adjudication date March 28,
1904, appropriation date September 1, 1880, Priority 17 is transferred to the point of
diversion where the Thomas Roach No. 2 Ditch intercepts Narrow Gauge Creek.
- The Court shall retain jurisdiction in this matter for a period of three (3) from the entry
of the Decree.
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