BOARD00246

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

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Case Summary

Agenda Item 7a(9)
Case No. 5-94CWOI9; Counihan

The Board ratified the statement of opposition filed in this case at its May 1994 meeting.
Applicant is requesting water rights and approval of a plan for augmentation on the Blue River
near the Town of Silverthorne in Summit County (see attached map). Applicant proposes to
replace out-of-priority depletions from seven junior domestic wells, a junior surface water right,
and a junior storage right by exchange with water released from storage in Green Mountain
Reservoir or an on-site pond. Applicant is claiming a March 3, 1994, date for administration of
this exchange.

Stipulation

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

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At such times when the instream flow rights decreed to CWCB in Case Nos.
87CW297 and 87CW298 are not being satisfied, Applicant agrees to replace the
development's in-house--domestic and stockwater depletions by releases from
Counihan Pond and to discontinue all irrigation diversions from the Counihan
wells. Furthermore, applicant shall curtail any diversions for which depletions are
not so augmented by the releases from the pond. The precise timing and amount
of releases from Green Mountain Reservoir and/or the Counihan Pond shall be
subject to determination by the Division Engineer for Water Division No.5.

. Applicant agrees to install, maintain and monitor at locations determined by the
Division Engineer and at Applicants expense, such measuring devices deemed
necessary by the Division Engineer to administer the terms of the stipulation. The
Board, the State and Division Engineer and their agents shall have access to such
measuring devices at reasonable times in order to make readings therefrom.