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<br />e <br /> <br />e <br /> <br />Agenda Item 6b <br />Case No. 7-93CW083; Mountain View Development Corp. <br /> <br />Case Summary <br /> <br />The Board ratified the statement of opposition filed in this case at its May 1994 meeting. <br />Applicant is requesting an application for a change of water right on Four Mile Creek, a <br />tributary of the San Juan River, near the town of Pagosa Springs in Archuleta County (see <br />attached map). The applicant is proposing to change the decreed use of a senior irrigation right <br />to year-round domestic, municipal, and industrial uses. <br /> <br />The Board holds an instream flow water right on the San Juan River for 50 cfs, summer, and <br />30 cfs, winter, with an appropriation date of JatlUary 30, 1980, which could be injured by this <br />change of water right. Applicant's request to change the decreed use from a seasonal irrigation <br />right to a year-round diversion for all beneficial uses may result in an expansion of use. <br /> <br />Discussion <br /> <br />This case is set for trial on December 7, 1994. Staff is currently working with the Attorney <br />General and the applicant on language for a stipulation that will provide 100 percent protection <br />for the Board's San Juan River instream flow water right while allowing the applicant to change <br />the amount of water to which he is entitled. <br /> <br />e File: e:\wp5llbo.,d.momlap.\793CW083.APT <br />