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Page 4 <br />11. Application For Water Rights Of John And Christine Boles, Division 5; 2006CW272 - <br />No changes. <br />The Boles applied for conditional direct flow and storage rights as well as approval of a plan for <br />augmentation including an appropriative right of exchange. The CWCB was concerned that the <br />plan for augmentation and/or exchange could injure their instream flow rights located on Salt <br />Creek, Brush Creek and the Eagle River by not replacing depletions in time, place and amount. <br />As such, a statement of opposition was filed on behalf of the CWCB. Additional statements of <br />opposition were filed in this case. The Applicant and the CWCB were able to arrive at an <br />amicable settlement in this matter, and the two parties have entered into a Stipulation that has <br />been approved by the Court. The decree that was stipulated to contains terms and conditions <br />providing for curtailment of all out-of-priority diversions not fully replaced in time, place and <br />amount, restrictions on operation of the exchange, installation of measurement devices on all <br />structures, and a retained jurisdiction period that is adequate to assess the potential for injury <br />arising from the operation of applicant's plan for augmentation. <br />12. Application For Water Rights Of Oxbow Mining`Division 7: 2007CW50 - No changes <br />• <br />The CWCB filed a Statement of Opposition in Juiy of 2007 to ensure that the Applicant's <br />proposed plan for augmentation did not injure the Board's instream flow rights on the North Fork <br />of the Gunnison River by not replacing depletions in time, place and amount. Since the original <br />augmentation plan for the mine was decreed and amended in the mid 1990s, changes have <br />occurred in the call scenarios on the North Fork, as well as in the operation of the mine that <br />require further revision of the augmentation plan. The CWCB and the Applicant have agreed to <br />the entry of a decree that will prevent injury to the Board's ISF water rights on North Fork <br />Gunnison River. <br />13. Application For Water Ri,_ghts Of Walthen Ditch, Division 5; 2005CW143 - No changes <br />The Board filed a statement of opposition in this case to ensure that the Applicant's proposed <br />change of water right does not injure the Board's instream flow water rights on Woody Creek <br />and the Roaring Fork River by not replacing depletions and maintaining historical flow patterns <br />in time, place and amount. The Applicant will dry-up lands previously irrigated by the water <br />rights to prevent an expansion of use and injury. The CWCB and the Applicant have agreed to <br />the entry of a decree that will prevent injury to the Board's ISF water rights on Woody Creek and <br />the Roaring Fork River. <br />14. Oxbow Mining„ 07CW50 - No changes. <br />The CWCB filed a Statement of Opposition in July of 2007 to ensure that the Applicant's <br />proposed plan for augmentation did not injure the Board's instream flow rights on the North Fork <br />of the Gunnison River by not replacing depletions in time, place and amount. Since the original <br />augmentation plan for the mine was decreed and amended in the mid 1990s, changes have <br />occurred in the call scenarios on the North Fork, as well as in the operation of the mine that <br />require further revision of the augmentation plan. The CWCB anti the Applicant have agreed to <br />the entry of a decree that will prevent injury to the Board's ISF water rights on North Fork • <br />