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The Board holds the following instream flow rights that could have been injured by this application: Case No. Stream Amount (cfs) Appropriation Date . 4-80CW094 4-80CW092 4-83CW230 4-83CW228 Washington Gulch Slate River East River East River 2.5 03/17/1980 23/12 10 50/27 03/17/1980 03/17/1980 03/17/1980 The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement to implement the injury with mitigation proposal approved by the Board and to ensure that the CWCB's instream flow water rights on Washington Gulch, the Slate River and the East River will not be injured by uses not specifically covered by that proposal. The terms and conditions of the decree include: . Owners of wells permitted before May 17, 2004 that are located in the Slate river drainage and serve dwelling units connected to the East River Treatment Plant may continue to divert water out-of-priority for indoor household use only by providing replacement water to the affected reach of the Slate River in an amount that is equivalent to the amount of depletion to the Slate River for 79 days. . Wells permitted after May 17, 2004 that are located in the Slate river drainage and serve dwelling units connected to the East River Treatment Plant are required to replace lOO% of their depletions to the Slate River. . Depletions to the CWCB's instream flow water right on the Slate River (Case No. 80CW092) in the reach between the confluence of Coal Creek and the confluence of the East River that occur during the winter months cannot be replaced by releases from . Meridian Lake Reservoir at the time they occur due to icing. Consequently, out-of- . priority depletions may injure that ISF water right during rare periods of shortage in the winter months. Any such injury will be mitigated by releases from Meridian Lake Reservoir from the winter mitigation pool as follows: CWCB may request the Division Engineer to order releases from Meridian Lake Reservoir at any time during the period bctober 1 thfoJlKh A,pr1l30 when cOllclitions(or future iIi1pro~inents in techi!illogyj -- would permif the-discharge from the reservoir to flow to a reach'of stream protected oy said ISF water right, in prescribed amounts for each type of augmentation certificate. . Replacement to the CWCB's ISF water rights will be made at the point of depletion. . The CWCB's acceptance of this injury with mitigation settlement is contingent upon the District's continued operation and maintenance of the streamgaging station known as Slate River Near Crested Butte. . The decree coniains standard measuring device language and provides that the augmentation plan is subject to section 37-92-305(8), C.R.S. .