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<br />. <br />e <br /> <br />COLORADO W~TER CONSERV ~TION BO~RD <br />Department of Natural Resources <br /> <br />STATE OF COLORADO <br /> <br />. <br /> <br />721 Stale Centennial BuIldIng <br />1313 snennan Street <br />Denver. ColoradO 80203 <br />Phone (303) _, <br />FAX (303) _74 <br /> <br />MEMORANDUM <br /> <br />Roy Romer <br />Governor <br /> <br />Ken SaIazBr <br />Executive OiNdor, DNR <br /> <br />TO: <br /> <br />Members, CWCB <br /> <br />oanosC. U1e. P.E. <br />Dir8c:lor, ewes <br /> <br />FROM: Dan Merriman <br /> <br />DATE: April 23, 1993 <br /> <br />SUBJEcr: Agenda Item 8f, May 6-7, 1993, Board Meeting-- <br />Instream Flow Program: Stipulations <br />Case No. 5-91CW211; BellZer East, Inc. & Diamond Bar T Ranch, Ltd. <br /> <br />Application Summary <br /> <br />e <br /> <br />The Board ratified the motion to intervene filed in this case at its March 4, 1993, <br />meeting. The applicants are proposing to change a 5 cfs senior, conditional irrigation right, <br />the Diamond Bar T No.3 Ditch (DBT #3), on South Fork Ranch Creek to a downstream <br />alternate point of diversion (see attached map). The new alternate point would be used to <br />deliver water to the Diamond Bar T No.2 (DBT #2) headgate on main Ranch Creek and <br />irrigate lands historically irrigated under the DBT #2 Ditch. The DBT #2 water right was <br />sold by the applicants to the City of Arvada and is no longer diverted at the DBT #2 <br />headgate. <br /> <br />The Board holds an instream flow appropriation on main Ranch Creek which could be <br />injured by this application if the applicants were to expand the contemplated draft of the <br />conditional DBT #3 water right. <br /> <br />Proposed Stipulation <br /> <br />e <br /> <br />The attached stipulation presents terms and conditions that were prepared by the <br />CWCB staff and the staff of the Attorney General's Office and proposed to the applicant <br />in April 1993. The stipulation would limit the applicants' diversions at the new alternate <br />point to the amount of water physically and legally available at the original DBT #3 <br />headgate during the irrigation season. It would also limit the applicants to the irrigation of <br />no more than 100 acres, as originally contemplated, and would clarify the status of the <br />retired DBT #2 water right. . -;. ." :. <br /> <br />\ I)' <br />O~"'. I, <br /> <br />\ <br />" , <br />