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t . e e e Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street Denver, Colorado 80203 Phone, 13031 866-3441 FAX, 13031 866-4474 STATE OF COLORADO . Bill Owens Governor MEMORANDUM CregE. Walcher Executive Director, DNR Peter H. Evans Director, eWeB TO: Colorado Water Conservation Board Members FROM: Randy Seaholm pP Chief, Interstate Streams Investigations Section DATE: May 14, 1999 SUBJECT: Agenda Item 18, May 24-25, 1999 Board Meeting-- Consent Agenda South Platte - Bear Creek Lake Diligence Settlement Case Number 1-98CW278 Introduction Bear Creek Lake Reservoir is located on Bear Creek near Morrison, Colorado just southwest of Denver. The United States Congress pursuant to the 1968 Flood Control Act authorized the Project. The United States Anny Corps of Engineers completed construction of the project in September 1982. The Colorado Water Conservation Board (Board), pursuant to agreement with the Corps, is responsible for maintaining the 2000 AF pennanent pool at Bear Creek Lake Reservoir. The Board holds two water rights for storage in Bear Creek Lake Reservoir for this and other purposes. I. Case Number W-232-73 was decreed on February 28,1973 for 2,000 AF. 2. Case Number 1-79CW306 was decreed on May 5,1980 for 1,989 AF. Uses in both cases have been decreed absolute for recreational and piscatorial purposes. However, decreed uses for municipal, domestic, industrial and irrigation remain conditional. The Board has been and continues to be involved in studies that consider the possibility of enlarging storage at Bear Creek Lake Reservoir and perfecting the remaining conditional uses. As a result, the Board has sought to maintain diligence on the remaining uses. Discussion On May 28, 1998 staff filed application 1-98CW278 seeking a finding of reasonable diligence in these cases. The Division Engineer recommended approval of this application in his consultation with the Water Court. However, the City of Thomton filed