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7-95CW104 Stipulation - BOARD00133
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7-95CW104 Stipulation - BOARD00133
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Last modified
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 />. <br /> <br />e <br /> <br />(8) The District shall make available an engineer for consultation with CWCB staffforthe <br />purpose of detennining whether a proposed Authorized Diversion can be served or an AD Application <br />modified to prevent more than de minimis injury to an instream flow water right impacted by the <br />proposed Authorized Diversion. <br /> <br />(9) The CWCB may recommend approval, conditional approval or denial of the <br />Application, in writing, to the District. <br /> <br />(10) If the CWCB recommends conditional approval or denial of an AD Application, it shall <br />set forth its objections to the District and the AD Applicant in writing within thirty (30) working days <br />after receipt of the Application by the CWCB. <br /> <br />(11) The CWCB agrees to work with the District and the AD Applicant to seek to resolve <br />any CWCB objection to the Application. <br /> <br />(12) The CWCB shall infonn the District when the total depletions from Authorized <br />Diversions under this E/A Plan reach eighty (80%) of any allowed de minimis injury amount for a <br />decreed CWCB instream flow reach under CWCB rules and regulations or policies. <br /> <br />(13) After the total depletions from Authorized Diversions under this E/ A Plan reach ninety <br />percent (90%) of the Allowed De Minimis Depletion for an affected CWCB instream flow water right, <br />the District shall work with the CWCB to allow additional Authorized Diversions on that reach by: <br /> <br />e <br /> <br />(a) reviewing actual depletions under this E/A Plan for that reach as opposed to the <br />theoretical calculation of such depletions, since actual depletions are anticipated to be less than the <br />calculated depletions, and developing a plan to detennine the frequency at which the stream flow in the <br />potentially impacted stream reach drops below the decreed in stream flow amount, as measured at the <br />downstream end of the potentially impacted decreed stream reach; and <br /> <br />(b) developing methods to mitigate the impact of additional proposed Authorized <br />Diversions. Such methods might include, but are not limited to, upstream storage, curtailment of some <br />uses junior to the instream flow~, irrigation from wells), and short-tenn curtailment ofa portion of <br />water rights senior to the instream flow in order to augment the stream flow. <br /> <br />The eWCB agrees to review these and other factors with the District in addressing <br />proposed additional Authorized Diversions. <br /> <br />(14) The District shall not approve the AD Application if the CWCB has reasonably <br />recommended denial based upon a detennination of injury to the CWCB instream flow water right. <br /> <br />(15) Nothing herein, however, shall preclude the AD Applicant orthe District from applying <br />to Water Court for approval of a water right or an independent plan for augmentation with respect to <br />the proposed diversion. Nothing herein precludes remedies under the Colorado Administrative <br />Procedure Act, CR.S. 9 24-4-101, et seq., as the same may be amended from time to time. <br /> <br />e <br /> <br />12 <br />
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