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<br />. <br /> <br />. <br /> <br />. <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 866-4474 <br />w""",,,.cwcb.state.co.us <br /> <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Govemor <br /> <br />To: Members, CWCB <br /> <br />Russell George <br />Executive Director <br /> <br />From: Dan Merriman <br />Ted Kowalski <br /> <br />Rod Kuharich <br />CWCB Director <br /> <br />Date: March 8, 2004 <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />Re: Consent Agenda Item l.a, March 16-17,2004 Board Meeting <br />Stream and Lake Protection; Proposed Case Resolution <br />Case No. 4-99CW264; Waunita Hot Springs Ranch <br /> <br />Background <br />The Board ratified the statement of opposition filed in this case at its March 20-21, 2000 board meeting, <br />This is an application for a change of water rights and a plan for augmentation on Hot Springs <br />Creek, near the Town of Waunita Hot Springs. The Applicant seeks to change the use of one acre- <br />foot of the water right decreed to the Hot Springs Reservoir from supplemental irrigation to <br />augmentation. In addition, the Applicant seeks to change the point of diversion for the Pringle <br />Pipeline No, 1 to the Waunita Hot Springs Ranch Well No, 1. The Applicant also seeks to augment <br />the depletions associated with the well, by releasing water from the Hot Springs Reservoir, which is <br />located downstream from the well. <br /> <br />CWCB Appropriations <br />The Board has appropriated an instream flow water right on Hot Springs Creek. The CWCB water <br />right on Hot Springs Creek is for 1.5 cfs year round, and this right could be injured by this <br />application because the augmentation source is located downstream from where the well depletions <br />will impact the stream, <br /> <br />Proposed Settlement <br />At the time of the filing of the statement of opposition, the Staff relied on the information provided <br />in the application and determined that the proposed plan for augmentation had the potential to cause <br />more than 1 % injury to the Board's instream flow water rights on Hot Springs Creek. This was true, <br />in particular, because the Applicant had indicated that the well would divert up to 50 gallons per <br />minute, and the Applicant did I].ot indicate what the depletions would amount to from this diversion. <br />During settlement discussions, the Applicant provided the Staff with information documenting that: 1) <br />the well wi11 only divert up to 15 gal10ns per minute; 2) the use of the well will result in annual <br />depletions of less than .41 acre feet; and, 3) because the return flows will accrue to the stream <br />immediately below the point of diversion, the depletions associated with this water rights application <br />would be considerablr less than 1 % of the CWCB's decreed instream flow water right on Hot Springs <br /> <br />Colorado Water Conservation Bmud <br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation and Drought Planning <br />