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II e . . STATE OF COLORADO Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, Colorado 80203 Phone:~03)86~1 FAX: (303) 866-4474 www.cwcb.state.ca.us MEMORANDUM Bill Owens Governor To: Russell George Executive Director Colorado Water Conservation Board Members From: Dan Merriman Ted Kowalski Rod Kuharich CWCB Director Date: January 20,2004 Dan McAuliffe Deputy Director Re: Consent Agenda Item 1.b, January 27-28, 2003 Board Meeting Stream and Lake Protection; Proposed Case Resolution Case No. 4-03CW70; Riverland Lot Owners Association Backe:round The Board ratified the statement of opposition filed in this case at its July 2003 board meeting, This is an application for new underground water rights and a plan for augmentation on the Slate River near Crested Butte. The Applicant is seeking to augment the depletions associated with one well, with a diversion rate of 60 gpm, The Applicant intends to use the well for domestic and irrigation purposes. The plan seeks to augment the depletions with releases from the Blue Mesa Reservoir. CWCB Appropriations The Board has appropriated an instream flow water right on the Slate River. The right on the Slate River is for: 23 cfs (4/1-11130) and 12 cfs (12/1-3/31), which could be injured by this application. Proposed Settlement At the time of the filing of the statement of opposition, the Staff relied on the information provided 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 rights on the Slate River. This was true, in particular, because the Applicant had not included detailed depletion information. During settlement discussions, the Applicant provided the Staff with information documenting that: 1) the use of the well will result in annual depletions less than 12.94 acre feet; 2) the depletions associated with this water rights application would be less than .34% of the CWCB's decreed summer instream flow on the Slate River. The Applicant has proposed a settlement of this matter whereby the CWCB would consent to a decree no less restrictive than a decree that includes these depletion restrictions. Staff Recommendation The Applicant requests, and the Staff recommends, that the Board recognize the impact to its instream flow right as de minimis based on the information provided and enter into the above-described settlement of this matter. This de minimis amount would be reflected in the CWCB's de minimis database. Colorado Water Conservation Board Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation and Drought Planning