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<br />. <br /> <br />(e <br /> <br />-, - <br /> <br />c <br /> <br />. <br /> <br />.. <br /> <br />Stream and Lake Protection Program <br />Summary of Resolved Cases <br /> <br />The Board's ISF Rule 8i. states that <br /> <br />"In the event the pretrial resolution includes terms and conditions preventing injury or <br />interference and does not involve a modification, or acceptance of injury or interference with <br />mitigation, the Board is not required to review and ratifY the pretrial resolution. Staff may <br />authorize its counsel to sign any court documents necessary to finalize this type of pretrial <br />resolution without Board ratification. <br /> <br />8taffhas resolved issues of potential injury in the following water court cases and authorized the <br />Attorney General's Office to enter into stipulations that protect the CWCB 's water rights: <br /> <br />(1) Case No. 5-03CWI62: Archie and Linda Dunham <br />The Board ratified this statement of opposition at its November 2003 meeting. The Board's main <br />objective in filing the statement of opposition in this case was to ensure that (1) the Applicants' <br />proposed change of water right would not result in an expansion of use and (2) the Applicants would <br />replace injurious depletions in time, place, and amount under their proposed plan for augmentation. <br />The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement to ensure <br />that the CWCB's instream flow water rights will not be injured. <br /> <br />The Board holds the following instream flow rights that could have been injured by these <br />applications: <br /> <br />Case No. Stream Amount (efs) Appropriation Date <br /> <br />5-87CW297 <br /> <br />Blue River <br /> <br />78 / 90/ 125 / 90 /70 <br /> <br />10/2/87 <br /> <br />The CWCB and the Applicants have agreed to the entry of a decree that will prevent injury to the <br />Board's ISF water rights on the Blue River- The Applicants have agreed to the following terms <br />and conditions: <br /> <br />. Applicants have stipulated with the CWeB-that theinstream-flow water-right-ctecJeed in Case <br />No. 87CW297 is senior in priority-to the Blue River Aggregates Well No.2. . c <br />. At times when the CWCB's instream flow water right as decreed in Case No. 87CW297 is not <br />being satisfied immediately below the Blue River Aggregates Well No.2, Applicants agree to <br />use water from the Lusher Ditch and to release water from the Barber Pond to the Blue River at <br />or upstream of the Blue River Aggregates Well No.2 in amounts sufficient to replace out-of- <br />priority evaporation from the Blue River Aggregates Well No.2. <br />. The decree contains standard measuring device language and provides that the augmentation <br />plan is subject to section 37-92-305(8), C.R.S. <br /> <br />(2) Case Nos. 4-03CWI07 and 02CW294 (Upper Gunnison Water Conservancy District) <br />(Implementation of injury with mitigation pretrial resolution) <br /> <br />The Board ratified its statement of opposition to Case No. 03CWI07 at its June 2003 meeting. On <br />April 9, 2004, the court consolidated these two cases, which both had been re-referred to the water <br />judge. The Board's main objective in filing the statement of opposition in 03CW107 was to ensure <br />that the Applicant would replace injurious depletions in time, place, and amount under its proposed <br />plan for augmentation. The Board approved the Applicant's injury with mitigation proposal in Case <br />No. 03CW107 at its July 2004 meeting. <br />