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7-95CW104 Stipulation - BOARD00133
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7-95CW104 Stipulation - BOARD00133
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10/14/2014 1:06:49 PM
Creation date
10/4/2006 6:32:24 AM
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Board Meetings
Board Meeting Date
11/22/1999
Description
ISF Section - Proposed Stipulations 7-95CW104
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />. <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />b. senior in priority to a potentially affected instream flow water right, to <br />the extent that such depletions would not otherwise occur except for participation in the Plan.' <br /> <br />(ii) decreed conditional and absolute water rights that are junior in priority to a <br />potentially affected instream flow water right; and <br /> <br />(iii) water uses for which applications are pending before the Water Court at the <br />time of the District's calculation, based upon the proposed amount of such depletions. <br /> <br />(b) Applicant shall not include in such cumulative total, hoviever. depletions from: <br /> <br />(i) "exempt wells" permitted pursuant to C.R.S. S 37-92-602, el seq.; and <br /> <br />(ii) present uses or exchanges of water being made by water users pursuant to <br />appropriation or practices in existence on the date ofthe appropriation for the instream flow water right, <br />whether or not previously confinned by court order or decree. <br /> <br />(3) After the cumulative total of depletions for a reach of a CWCB instream flow right, as <br />calculated by the District, equals or exceeds 80% of the Allowed De Minimis Depletion, or the CWCB <br />notifies the District that such cumulative total equals or exceeds 80% of the Allowed De Minimis <br />Depletion, the CWCB shall review all pending and future AD Applications that may impact a CWCB <br />instream flow water right as set forth below. <br /> <br />(4) If CWCB review of an AD Application is required, the District shall submit the AD <br />Application to the CWCB and the CWCB shall review an AD Application no later than thirty (30) <br />working days after receipt by the CWCB and shall contact the District promptly in the event there may <br />be a potential of injury to a CWCB instream flow water right. <br /> <br />(5) Depending on the location of the point of diversion of the proposed Authorized <br />Diversion and the point of return flows identified in the AD Application, the CWCB shall apply the De <br />Minimis Rule to a water right or a well junior to a CWCB instream flow water right in determining <br />whether the CWCB will approve a proposed diversion as an Authorized Diversion. <br /> <br />(6) In the event that the Water Court decrees a water use that may cause the cumulative total <br />depletions to exceed the Allowed De Minimis Depletion for an instream flow water right, the District <br />shall not be required to reduce depletions from or remove from the E/ A Plan any structures or water <br />uses already accepted by the District and the CWeB as Authorized Diversions under the E/ A Plan. <br /> <br />(7) The CWCB shall not object to a waterright seniorto a CWCB instream flow becoming <br />an Authorized Diversion under this E/A Plan, provided that the E/A Plan does not allow the AD <br />Applicant to expand historic diversions and/or consumptive use pursuant to the terms and conditions <br />of the senior decree without protection for an affected CWCB instream flow. See footnote 4. <br /> <br />4 <br /> <br />Nothing herein shall constitute an admission or determination that such depletions are injuries. <br /> <br />11 <br />
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