BOARD00356

• Board Meeting Date: 5/22/2000
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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Creek that may be injured by this application. The Board's main objective in filing a statement of ..
opposition in this case was to prevent the Applicant from diverting water at upstream alternate ...
points of diversion at times when the Board's instream flow rights are not being satisfied. Staff, in
cooperation with the Attorney General's Office, has negotiated a settlement that fully protects the
Board's instream flow water rights.

Applicant proposes to transfer direct flow water decreed to the Lower Boulder Reservoir
and Ditch Company and storage water decreed to Baseline Land and Reservoir Company from
irrigation to municipal pwposes.

Applicant seeks to change type and place of use of water attributable to its shares of
Baseline Reservoir; however, it is not seeking to change the points of diversion or place of storage
for its Baseline Reservoir storage rights. Applicant also seeks to change the type and place of use
of water attributable to its shares in the Lower Boulder Ditch. In addition to the historic point of
diversion, Applicant proposes to divert direct flow water rights at several upstream points of
diversion. Also when not needed for immediate use, Applicant proposes to store water in one of
several reservoirs (see attached map). Because the proposed municipal uses of these water rights
will result in greater return flows to the stream system than occurred from the historic irrigation use
of water, Applicant is requesting the right to reuse and successively use to extinction that portion of
its municipal return flows that exceed historic return flows. Applicant proposes a maximum rate of
exchange of 8 cfs with a June 30, 1997 priority for its excess return flows. Applicant does not seek
to exchange return flows that result from municipal lawn irrigation.

The Board holds the following instream flow rights, which could be injured by this A
application: ...

Case No.
1-74W7636
1-80CW379

Stream
Boulder Creek
South Boulder Creek

Amount (cfs)
IS
15/6 and 15/2

ApDroDriation Date
10/1/73
12/2/80

Applicant has agreed to the following terms and conditions that will provide full
protection for the Board's instream flow water rights on Boulder Creek and South Boulder Creek:

Applicant will only divert Lower Boulder Ditch water at upstream alternate points of
diversion when all of the CWCB's instream flow water rights, located between the historic
diversion point of the Lower Boulder Ditch and the alternate point of diversion, are satisfied.

Applicant will only make out-of-priority diversions when the CWCB's affected instream
flow water rights are satisfied.

Applicant will operate the exchanges only when the CWCB's instream flow water rights,
located between the exchange-from point to the exchange-to point, are satisfied.

Pursuant to g37-92-502(5), Applicant shall install, maintain and monitor at locations
determined by the Division Engineer and at Applicant's expense such measuring devices deemed
necessary by the Division Engineer to administer the terms of this decree.

3. Resolution of Case No. S-99CW47; Ski BB, LLC

The Board ratified the statement of opposition filed in this case at its July 26, 1999,
meeting. The Board has instream flow water rights on Crooked Creek that may be injured by this e