BOARD00081

• Board Meeting Date: 5/20/2002
• Description: ISF Section - Consent Agenda - Proposed Case Resolution -Case No. 1-00CW237, Dighton Kansas Colorado Outing Association
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX, [phone]
www.cwcb.state.co.us

Bill Owens
GovetTlor

MEMORANDUM

Greg E. Walcher
Executive Director

To:

Colorado Water Conservation Board members

Rod Kuharich
CWCB Director

From: Dan Merriman
Ted Kowalski

Dan McAuliffe
Deputy Director

Date: May 2, 2002

Re: Consent Agenda Item 2.a, May 20-21, 2001, Board Meeting
Stream and Lake Protection; Proposed Case Resolution
Case No. 1-00CW237; Dighton Kansas Colorado Outing Association

Backl!round
The Board ratified the statement of opposition filed in this case at its March 26-27, 2001, board meeting.
This is an application for ground water rights, a spring, storage and refill right, and a plan for
augmentation on North Boulder Creek just outside the City of Boulder. The Applicant intended to:
1) use the wells for domestic purpose associated with 17 existing residences; 2) use the spring for
irrigation uses; and 3) obtain a continuous flow water right for the storage pond with water obtained
from North Boulder Creek and use that water for augmentation and recreation purposes. In this
application, the Applicant proposed to augment its out-of-priority depletions associated with the
wells with releases from its junior water storage right.

CWCB Aoorooriations
The Board has appropriated instream flow rights on North Boulder Creek for 5 cfs (4/1-9/30) and 2
cfs (10/1-3/31) with an appropriation date ofNoyember 10, 1993 that may haye been injured by this
application. The CWCB 's water right was appropriated prior to the passage of Senate Bill 64, and is
still awaiting a trial setting before the Water Court for Water Diyision No.1. The Applicant is one
of two remaining objectors in the CWCB's instream flow water right case. A settlement with the
other objector in the CWCB's water rights case, which proyides 100% protection to the CWCB's
water rights, is imminent. The Applicant's water rights and the water storage rights are junior in
nature, and the proposed augmentation plan may not haye been adequate to replace the depletions
associated with the well in the same time, place, and amount at which they occur.

Prooosed Stioulation
At the time of the filing of the statement of opposition, the Staff relied on the information proyided
in the application and determined that the proposed plan for augmentation had the potential to cause
more than 1% injury to the Board's instream flow water right on North Boulder Creek. This was

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning