11d ‎(2)‎

• Board Meeting Date: 11/18/2008
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

- 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 install measuring devices, provide accounting, and supply calculations
regarding the timing of depletions as required by the Division Engineer for the operation of this
plan.
- Water released pursuant to the Basalt Water Conservation District contract will assume a five
percent (5%) transit loss from Ruedi Reservoir and a ten percent (10%) transit loss from Green
Mountain, which may be modified up reasonable request by the Division Engineer.
- The Court shall retain jurisdiction in this matter for a period of eve (5) years from 75% build-out
of the Morningstar Development.
(2) Case No. 5-06CW059 Application of Winter Park Christian Church
The Board ratified this statement of opposition at its July 2006 meeting. The Board's main objective in filing
the statement of opposition in this case was to ensure that the Applicant's plan for augmentation and
exchange does not injure the Board's instream flow water rights on Crooked Creek, the Fraser River, and
the Colorado 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
Case No. Stream/Lake Amount (cfs) Approp.
Date watershed County
8 (4/15-8/14)
5-90CW296 Crooked Creek 4 (8/15-9/30) 12/27/90 Fraser River Grand
2.75 10/1-4/14
5-90CW308B Fraser River 30(5/15)
19 9/16-5/14 12/27/90 Fraser River Grand
5-80CW447 Colorado River 90 (1/1-12/31) 7/8/80 Colorado River Grand
5-80CW446 Colorado River 135 (1/1-12/31) 7/8/80 Colorado River Grand
5-80CW448 Colorado River 150 (1/1-12/31) 7/8/80 Colorado River Grand
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 the Colorado River, the Fraser River and Crooked Creek. The Applicant has agreed
to the following terms and conditions:
- The Applicant acknowledges that the CWCB has instream flow water rights in Grand County on
Crooked Creek, the Fraser River and the Colorado River to preserve the natural environment to a
reasonable degree, which rights were appropriated and decreed prior to the filing of the
Application in Case No. 06CW59.
- The Applicant will provide a local augmentation source to cover the potential injury to senior
rights, in particular the C~VCB's instream flow rights, that are not fully protected by releases
from either Granby Reservoir or Wolford Mountain Reservoir. During October of each year, the
Applicant will pump from Winter Park Christian Church (WPCC) Wells Nos. 1, 2 and/or 3
sufficient water to full a fully enclosed WPCC Storage Tank with up to 0.23 acre feet of water.
The size of the WPCC Storage Tank will not exceed 74,200 gallons and water from the tank will
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