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Agenda Item 8a(2) Case No. 1-97CW221; AIken Investment, 1.C.C. . Case Summary The Board ratified the statement of opposition filed in this case at its November 24-25, 1997, meeting. This is an application for groundwater rights, approval of a plan for augmentation, and a change of water rights including exchange on the Middle Fork of the South Platte River and Sacramento Creek near Fairplay in Park County (see attached map). Applicant seeks to augment out-of-priority depletions associated with water used for in-house and corrunercial purposes on a 61-acre development, which includes several single-family dwellings, townhouses and condominiums, as well as various corrunercial facilities. Originally, Applicant had proposed to withdraw water for the development from an infiltration gallery to be constructed on the Middle Fork of the South Platte River (at a rate of 60 gpm). However, Applicant later modified its proposed decree to withdraw the ground water tributary to the Middle Fork of the South Platte River from wells instead of an infiltration gallery. Wastewater will be disposed of via both non-evaporative septic systems and a central sewage system. To replace depletions to the Middle Fork of the South Platte River, Applicant has purchased 47.8 shares (representing 1.5 acre-feet of water per year) of the capital stock of the Mountain Mutual Reservoir Company which owns the Guiraud 3T Ditch and Lower Sacramento Creek Reservoir No.1. During the irrigation season, Applicant proposes to replace depletions with . consumptive use credits associated with the Guiraud 3T Ditch water rights. During the non- irrigation season, Applicant proposes to release water from the Lower Sacramento Creek Reservoir No. L That water will be stored through exchange from the headgate of the Guiraud 3T Ditch to the Lower Sacramento Creek Reservoir No.1 under a priority date of June 2,1997, at a maximum flow rate of 0.05 cfs. The Board holds an instream flow water right on this segment of the Middle Fork of the South Platte River for 16 cfs, surruner, and 8 cfs, winter, with an appropriation date of January 30, 1980, which may be injured by this application. Stipulation Applicant has agreed that an infiltration Galley will not be constructed. Instead, all water withdrawals will be from wells. Subsequently, the Board staff determined that the elimination of the infiltration gallery and the diversion of all water using wells will result in a one percent depletive effect, or less (0.23%, summer, and 0.46%, winter), to the Board's right on the Middle Fork of the South Platte River. Therefore, Applicants' plan falls under the De Minimis provisions of Rule 9.30 of the Board's Rules and Regulations Concerning the Colorado Instream Flow and Natural Lake Level Program. L\wctrans\secc\boardmem\jan 99\ratify stipulation, 197CW22l, Aiken Investment lie .