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<br />Agenda Item 5a .A <br />Case No. 5-93CWI24; Youberg, et a1 .. <br /> <br />Case Summary <br /> <br />The Board ratified the statement of opposition filed in this case at its November 9~1O, 1993, <br />meeting. Applicant's are requesting to construe a decree and in the alternative are requesting <br />an application for water rights on Beaver Creek near the town of Rifle in Garfield County (see <br />attached map). Applicants are requesting that 0.1 cfs remain in Beaver Creek between two <br />specific points for stock water purposes. <br /> <br />The Board does not hold an in stream flow decree on Beaver Creek. However, applicants are <br />claiming instream flow uses for stock water purposes. Because the applicant has not diverted <br />or otherwise captured and controlled the waters, and since the Board is the only entity authorized <br />to appropriate instream flow water rights between two specific points, the staff has filed a <br />statement of opposition in this case. <br /> <br />Proposed Stipulation <br /> <br />The attached stipulation, which has been accepted by the applicant and recommended by the <br />Attorney General's staff, requires that specific language be included in any decree or ruling <br />declaring that the Board has exclusive' authority to appropriate minimum stream levels and the <br />bypassed flows are to be diverted from the stream by livestock and wildlife directly from Beaver <br />Creek (see paragraphs 6.A. through 6.E. of attached Exhibit A). <br /> <br />Fik: <:\wp51\board.mem\.1p\59lCWI24.STP <br /> <br />- <br /> <br />. <br />