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<br />.2. <br /> <br />true, in particular, because the Applicant had requested a continuous flow-through water right from <br />North Boulder Creek into the pond in the amount of 1 cfs. During settlement discussions, the <br />Applicant provided the Staff with information documenting that: 1) the use of the spring for irrigation <br />was a pre-existing condition that the Board is required to recognize pursuant to Section 37-92-1 02(3)(b); <br />and, 2) the filling and refilling the pond for recreation purposes was pre-existing condition that the <br />Board is required to recognize pursuant to Section 37-92-102(3)(b). <br /> <br />The depletions associated with the wells were not a pre-existing condition, how eyer, the depletions <br />associated with the wells will amount to depletions of no more than .7 acre feet per year. This is <br />approximately .0483% of the CWCB's winter instream flow water right of 2.0 cfs and approximately <br />.0193% of the CWCB's sUll1l1ler instream flow water right of 5.0 cfs. Based on this information, and the <br />terms and conditions provided for in the proposed decree, the cumulatiye impacts to the Board's <br />instream flow rights on North Boulder Creek, from the water use that the Board does not haye to <br />recognize pursuant to Section 37-92-102(3)(b), will be less than 1 %. <br /> <br />As part of the Stipulation, the Applicant would withdraw its opposition to the Board's pending instream <br />flow water right on North Boulder Creek. <br /> <br />Staff Recommendation <br />The Applicant requests, and the Staff recommends, that the Board recognize the impact to its instream <br />flow right as de minimis based on the information provided and enter into the aboye-described <br />settlement of this matter. This de minimis amowlt would be reflected in the CWCB's de minimis <br />database. <br /> <br />Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />