BOARD00234

• Board Meeting Date: 7/23/2002
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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. The Applicant will not make out of priority depletions unless the CWCB's instream flow water rights decreed to
the CWCB in Case Nos. W-1763-77 and W-1764-77 are fully satisfied, or unless the Applicant replaces its
diversions at a location upstream or immediately downstream of the infiltration gallery.
. The Applicant agrees to divert water at the alternate point of diversion only the amount of water that is physically
and legally available at the original point of diversion.
. The Applicant agrees to limit its diversions at the alternate point of diversion to the months of May -September,
and to limit the combined diversion at the original and alternate point of diversion to 1.0 cfs and to limit annual
diversions to no more than 303 acre-feet per year.
. The Applicant will limit its diversions at the alternate point of diversion to times when the CWCB's instream flow
water right is satisfied between the original point of diversion and the alternate point of diversion.
. The Applicant also has agreed to install, maintain, and monitor such measuring devices as may be required by the
State and Division engineer to administer the terms of the decree.

(3) Case No. 4-01CW274; Glacier Lily Association

The Board ratified the statement of opposition filed in this case at its March 21, 2002, meeting. The Board's main objective in
filing a statement of opposition in this case was to assure that the Applicant did not make out-of-priority diversions at times
when the Board's instream flow rights on Washington Gulch, the Slate River, and the East River were not being satisfied. The
Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that fully protects the Board's instream
flow water rights.

The Board holds the foJlowing instream flow rights which could have been injured by this application:

Case No.
4-80CW94
4-80CW92
4-83CW228
4-83CW230

Stream
Washington Gulch
Slate River
East River
East River

Amount(cfs) Appropriation Date
2.5 3117/1980
23 (4/1-11130) 12 (1211-3/31) 3117/1980
50 (5/1-9/30) 27(10/1-4/30) 6/3/1982
10 6/3/1982

The Applicant has agreed to the following terms and conditions that are fully protective of the CWCB' s instream flow
water rights:

. The Applicant agreed to augment its depletions with on site storage releases or with releases from Blue Mesa
Reservoir (only with regard to calls originating downstream from Blue Mesa Reservoir).
· The Applicant also has agreed to install, maintain, and monitor such measuring devices as may be required by the
State and bivision engineer to administer the terms of the decree.

(4) Case No. 4-99CW247; Gray Head Property Owners Association, Inc.

The Board ratified the statement of opposition filed in this case at its March 20, 2000, meeting. The Applicant is seeking new
junior water rights, a plan for augmentation, an exchange, and a change of water rights. The Board has instream flow water
rights on the San Miguel River, and its tributaries, that may have been injured by this application. The Board's main
objective in filing a statement of opposition in this case was to preveut the Applicant from diverting water at upstream points of
diversion at times when the CWCB's intervening instream flow water rights were not being satisfied and to prevent the
Applicant from making out-of-priority diversions at times when the CWCB's instream flow water rights were not being
satisfied. The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that fully protects the
Board's instream flow water rights.

The Board holds the following instream flow rights which could have been injured by this application:

Case No.
4-84CW429

Stream
San Miguel River

Amount (cfs) Appropriation Date
20 7113/1984