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<br />e <br /> <br />e <br /> <br />e <br /> <br />Agenda Item 6a <br />Case No. 5-93CW241; Farmer's Komer, Inc. <br /> <br />Case Summary <br /> <br />The Board ratified the statement of opposition filed in this case af its January 1994 meeting. <br />Applicant is requesting a water right and approval of a plan for augmentation on the Blue River <br />near Dillon Reservoir in Summit County (see attached map). Applicant is proposing to replace <br />summertime out-of-priority depletions from a maximum of 35 junior, conditional wells by <br />exchange with senior consumptive use credits decreed to the Blue Danube Ditch No.2 on the <br />Blue River. Winter depletions will be replaced by exchange with stored consumptive use credits <br />released from Dillon Reservoir. <br /> <br />The Board holds an in stream flow decree for 32 cfs, summer, and 16 cfs, winter, on the Blue <br />River. Applicant's proposed plan for augmentation could injure the Board's instream flow right <br />on the Blue River if it does not comply with the terms of the Summit County/CWCB Upper Blue <br />River Basin Memorandum of Agreement. <br /> <br />Discussion <br /> <br />This case is set for trial on January 18, 1995. Staff is currently working with the Attorney <br />General, the applicant and the State Engineer's Office (SEa) on language for a stipulation that <br />will provide 100 percent protection for the Board's Blue River in stream flow water right. Staff <br />has met with the applicant, applicant's engineer ilIld SEa staff to resolve this case. Return flow <br />issues are still unresolved at this time, however, staff expects to resolve these concerns prior to <br />trial. <br /> <br />File: c;\wp51\board.mem\apt\593CW241.apt <br />