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" e e e application. The Board's main objective in filing a statement of opposition in this case was to prevent the Applicant from making out-of-priority diversions at times when the Board's instream flow rights are not being satisfied. The 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 appropriate water from a junior well, spring, infiltration gallery. Applicant also seeks a junior storage right. Applicant seeks to make out-of-priority diversions, and replace these depletions with water stored in priority into the storage reservoir. The augmentation source is upstream from where the depletions will affect Crooked Creek. The Board holds the following instream flow rights that could be injured by this application: Case No. 5-90CW298 5-90CW301 Stream Crooked Creek Crooked Creek Amount (cfs) 4.5/1.0 6.0/1.5 Appropriation Date 11/27/90 11127/90 Applicant has agreed to the following terms and conditions that will provide full protection for the Board's instream flow water rights on Crooked Creek: Applicant will only make out-of-priority diversions when the CWCB's affected instream flow water rights are satisfied or when the Applicant is replacing its depletions in time, amount, and location. Pursuant to 937-92-502(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. 4. Case No. 4-96CW300; Landy The Board ratified the Statement of Opposition filed in this case at its March 20-21,1997, meeting. This is an application for a change of water rights on the East River near Crested Butte in Gunnison County. In 1982, Applicant was awarded a plan for augmentation for a proposed subdivision consisting of approximately 265 units. This augmentation plan involved replacement of depletions from a number of wells with an onsite augmentation pond. In this application, Applicant proposes to increase the subdivision to 423 units. Applicant has stated that such an increase will not result in increased water demands due to a proposed reduction in the consumptive use associated with the development. Applicant originally proposed to use septic systems with an estimated 10% consumptive use and now proposes to use a downstream wastewater treatment facility with a 5% consumptive use. The Board holds an instream flow decree on the East River for 10 cfs with an appropriation date of June 3, 1982, which could be injured by this application. Applicant has agreed to the following terms and conditions that will provide full protection for the Board's instream flow water rights on the Blue River. Applicant agrees that if the flow in the East River is less than 10 cfs, and the East River Regional Sanitation District does not make releases equal to 95% ofthe concurrent in-house diversions by the Applicant, then the Applicant shall make a release to the East River from any