14d ‎(2)‎

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

(4) Case No 4-03CW007 Application of Bailey Wildlife Foundation
The Board ratified this statement of opposition at its May 2003 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 use in order to divert water at upstream alternate points of diversion does not injure the Board's
instream flow water rights on Carbon Creek and Ohio Creek. 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
Case No. StreamlLake Amount
(cfs) A ro .Date
pp p Watershed Coun
~
4-80CW109 Carbon Creek 3 03/17/1980 Ohio Creek Gunnison
4-80CWll2A Ohio Creek 10 03/17/1980 Ohio Creek Gunnison
4-80CWll2B Ohio Creek 12 03/17/1980 Ohio Creek Gunnison
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 Carbon Creek and Ohio Creek. The Applicant has agreed to the
following terms and conditions:
- The amount of water attributable to each right that may be diverted at their alternate
point(s) of diversion is limited to the amount of water that is physically and legally
available at their original decreed point of diversion.
- Such rights shall not divert at their alternate points of diversion at any time that CWCB's
instream flow rights adjudicated in Case No. 80CW109 (Carbon Creek) and that portion
of 80CW112 (Ohio Creek) applicable between Castle Creek and Mill Creek (designated
as Stream Segment 2 in the Decree) are validly placed to call.
- Such rights shall not divert at their alternate points of diversion at any time that any
vested water right or decreed conditional water right adjudicated prior to January 17,
2003, that diverts from either (i) Carbon Creek, between the point of diversion of the
Bourne Ditch and the confluence of Carbon Creek with Ohio Creek, or (ii) Ohio Creek,
between its confluence with Carbon Creels and its confluence of Willow Creek, are
validly placed on call.
- The Applicant shall install measuring devices and supply information regarding
diversions as required by the Division Engineer for the operation of this plan.
- The Court shall retain jurisdiction in this matter for a period of five (5) years from the
date of entry of the Decree.
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