BOARD00246

• Board Meeting Date: 11/3/1994
• Description: Agenda, Minutes, Memos
• Board Meetings - Doc Type: Meeting

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Agenda Item 7a(7)
Case No. 5-92CW299; Town of Breckenridge

Case Suminarv

The Board ratified the statement of opposition filed in this case at its March 1993 meeting.
Applicant is requesting a plan for augmentation and exchange of water rights on the Blue River
and Swan River near the town of Breckenridge in Summit County (see attached map). Applicant
proposes to augment out-of-priority diversions by the Breckenridge Pipeline and the Swan River
Water System with releases of water from Clinton Reservoir. Applicant is also seeking to store
water out-of-priority in Goose Pasture Tarn, the Swan River Water System Ponds and
Breckenridge Reservoir by exchange with releases from Clinton Reservoir.

The Board holds instream flow decrees on the Blue River and Swan River which could be injured
by this proposed plan for augmentation and exchange if out-of-priority diversions or storage
reduce streamflows below the amounts decreed to the Board.

Stipulation

Applicant has agreed to the following terms and conditions which will provide 100% protection
for the.Board's instream flow water rights on the Blue River and Swan River:

. Applicant has agreed to curtail any out-of-priority diversions or storage whenever
streamflow in the Blue or Swan River is less than the amounts decreed to the
Board.

. In the event the Board's instream flow water rights are administered as junior, by
virtue of Section 37-92-1 02(3)(b), to any water rights with an adjudication priority
date junior to the date of the applicant's exchange, the applicant may petition the
Court to substitute a lower curtailment flow trigger for the purposes of this
stipulation. In the event the applicant initiates such a petition, the Board may raise
any defenses to the petition.

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