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. . ll' STATE OF COLORADO . COLORADO WATER CONSERVATION BOARD . Department of Natural Resources 72' Stale Centennilll BullcOng M E M 0 RAN 0 U M 1313 Sherman Street Denver. COlOradO 80203 _(303)_' FAX (303) _74 RoyRomar GcMImor TO: Members, CWCB Ken Selemr Exec:uUVe onctor. DNR . FROM: Dan Merriman DariesC. UIo. P.E. Oirector, ewes DATE: April 23, 1993 SUBJECT: Agenda Item 8h, May 6-7, 1993, Board Meeting-- Instream Flow Program: Stipulations Case No. 5-92CW274; Edgar Downs Case Summary . The Board ratified the statement of opposition filed in this case at its March 1993 meeting. The applicant is proposing to replace out-of-priority depletions by two junior wells tributary ~o the Blue River near Dillon Reservoir with senior consumptive use credits decreed to the Carwood Ditch (see attached map). Applicant has purchased Dillon storage water from the Summit County Small Users Pool to replace out-of-priority depletions during the non-irrigation season. The Board has an instream flow water right on the Blue River which could be injured during the irrigation season since the Carwood Ditch does not provide replacement water for depletions upstream of Dillon Reservoir. Furthermore, the Board's right could be injured by use of the Dillon' storage water if the applicant does not comply with the terms and conditions of the Upper Blue River Basin Memorandum of Agreement (MOA). Stipulation The attached stipulation which has been accepted by the applicant and recommended by the Attorney General's staff provides for compliance with the terms and conditions of the Upper Blue River Basin MOA The stipulation further requires the applicant to curtail diversions or provide an alternate source of augmentation if streamflows are less than the amount decreed to the Board's right during the summer months. Staff Recommendation The Staff recommends that the Board ratify the attached stipulation with Edgar Downs. DCM! AM] Attachments .