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<br />e <br /> <br />- <br /> <br />e <br /> <br />Case Summary <br /> <br />Agenda Item 6c <br />Case No. 7-93CW088; Rowland <br /> <br />The Board ratified the statement of opposition filed in this case at its May 1994 meeting. <br />Applicant is requesting a change of water right on the Rito Blanco River, a tributary of the Rio <br />Blanco River, near the town of Pagosa Springs in Archuleta County (see attached map). The <br />applicant is proposing alternate points of diversion for the Brown and Mees Ditches to the 3R, <br />MO Brown and Brown Ditches. The applicant is also proposing that the decreed use of the <br />Brown and Mees Ditches be changed from irrigation to irrigation, stock, piscatorial and storage. <br /> <br />The Board holds an instream flow water right on the Rio Blanco River for 29 cfs, summer, and <br />20 cfs, winter, with an appropriation date of December 4, 1974, which could be injured by this <br />change of water right. Applicant's change in type of use from irrigation to irrigation, stock, <br />piscatorial and storage uses may be an expansion of use. <br /> <br />Discussion <br /> <br />This case is set for trial on December 8, 1994. Staff has met with the applicant and the Water <br />Commissioner for Water District 29. It was discovered, at this meeting, that the applicant has <br />been diverting at these alternate points in the past and these practices may be covered under SB <br />414. Also one pond may have been in existence prior to the Board's appropriation on the Rio <br />Blanco River. Staff is currently working with the Attorney General, the applicant and the <br />Division 7 Engineer's Office on language for a stipulation that will provide 100 percent <br />protection for the Board's Rio Blanco instream flow water right while allowing the applicant to <br />change the amount of water to which he is entitled. Staff expects to resolve this_case .prior to <br />trail. <br /> <br />File = c:\wp51\board.mem\apt\793cw088.AYf <br />