BOARD00245

• Board Meeting Date: 9/19/1991
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

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COLORADO WATER CONSERVATION BOARD
Department of Natural Resources
721 State Centennial Building
1313 Sherman Street
Denver, Colorado 80203
Phone: [phone]

STATE OF COLORADO
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MEMORANDUM

TO:

Members, CWCB

Roy Romer
Governor
David w. Walker
Director

FROM: Dan Merrirnan

DAlE: Septernber 12, 1991

SUBJECf: Agenda Itern 20c, September 19-20, 1991, Board Meeting--
Stipulations: Instream Flow Program
Case No. 5-90CW347; Fox

Case Summary

The Board ratified the statement of opposition filed in this case at its March, 1991,
meeting. The applicant is proposing an augmentation plan to replace out-of-priority
irrigation depletions on the Blue River with releases of water frorn Green Mountain
Reservoir, which is located approximately six miles downstrearn (see attached rnap). The
Board holds instream flow decrees on the Blue River which could be injured by this
application if the proposed out-of-priority diversions reduce flows in the Blue River below
the amounts decreed to the Board.

Discussion

The maxirnurn injury which could be expected to occur as a result of this application
is approximately 0.136 cfs, or 0.11 percent of the Board's instream flow appropriation.
While this amount is quite small, this reach of the Blue River is covered by the Lower Blue
River Mernorandum of Agreement. As such, the Board has previously determined that
there are no de minimus injuries on the Blue River.

Proposed Stipulation

The attached stipulation, which has been accepted by the applicant and
recommended by the Attorney General's staff, provides that the augmentation plan shall not
be operated in a manner that will cause the flow in the Blue River immediately downstream
of the applicant's headgate to fall below the arnounts decreed to the Board. The applicant
has also agreed to install a measuring device to administer this plan for augmentation.