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<br />re <br /> <br />e <br /> <br />e <br /> <br />Agenda Item 7a(10) <br />Case No. 5-94CW025; Thorne <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 a groundwater right, storage water right, and approval of a plan for <br />augmentation on Capitol Creek near the Town of SnoWffiass in Pitkin County (see attached map). <br />Applicant proposes to fill the storage pond with a senior irrigation right which could deplete the <br />Board's Capitol Creek instream flow. <br /> <br />Stipulation <br /> <br />Applicant has agreed to the following terms and conditions which will provide 100% protection <br />for the Board's instream flow water right on Capitol Creek. <br /> <br />. Applicant agrees that all diversions to storage in Thorne Pond will occur through <br />the Boram and White Ditch under a 1994 appropriation date and shall be curtailed <br />at any time the streamflow in Capitol Creek falls below the amount decreed to the <br />CWCB in Case No. 5-76W2941. <br /> <br />. <br /> <br />Once Thorne Pond has filled under the junior priority, Applicant agrees that <br />subsequent diversions through Thorne Pond under the senior priority of the Boram <br />and White Ditch shall be: <br /> <br />1) limited to the historic irrigation season of the Boram and White Ditch, and <br /> <br />2) limited to the amount of water historically diverted to irrigation on the 0.5 <br />acres of land to be occupied by the Thome Pond and the 0.36 acres of land <br />now occupied by the Thorne residence. <br /> <br />Applicant also agrees to limit consumptive use under the proposed plan for augmentation to the <br />amounts designated in the engineering report prepared in this case. <br />