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<br />-j- <br /> <br />-' <br /> <br />..... <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />COLORADO WATER CONSERVATION BOARD <br />Department of Natural Resources <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Phone, (303) 866-3441 <br /> <br />STATE OF COLORADO <br />o <br /> <br />MEMORANDUM <br /> <br />Roy Romer <br />Governor <br />David W. Walker <br />Director <br /> <br />TO: Members, CWCB <br /> <br />FROM: Dan Merriman <br /> <br />DATE: September 12, 1991 <br /> <br />SUBJECf: Agenda Itern 20b, September 19-20, 1991, Board Meeting-- <br />Stipulations: Instream Flow Program <br />Case No. 5-90CW250; Goldsmith <br /> <br />Case SummaI)' <br /> <br />The Board ratified the statement of opposition filed in this case at its March, 1991, <br />meeting. The applicant is proposing. to divert senior irrigation rights decreed to the <br />Ferguson Ditch at two alternate points of diversion located downstream on Gypsurn Creek <br />(see attached map). The Board holds an instream flow decree on Gypsum Creek which <br />could be injured by this change if the applicant diverts more water than that which is <br />physically or legally available at the original headgate. Furthermore, the Board's instream <br />flow right could be injured by the potential expansion of use to include an additional 125 <br />acres of hay meadow not previously irrigated under the Ferguson Ditch water right. <br /> <br />Proposed Stipulation <br /> <br />The attached stipulation, which has been accepted by the applicant and recommended <br />by the Attorney General's staff, provides that the amount of water diverted at the alternate <br />points of diversion under the Ferguson Ditch water right shall not exceed the arnount of <br />water physically or legally available at the original Ferguson Ditch headgate. The applicant <br />agrees to install and maintain a gage at the original Ferguson Ditch headgate to administer <br />this stipulation. The stipulation also allows the applicant one change in the lands to be <br />irrigated during the irrigation season, insures that irrigation will cease on the previously <br />irrigated field after such a change, and limits the use of the Ferguson Ditch water right to <br />the historic irrigation season. <br />