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<br />'t,t <br /> <br />water source available to the Applicant under its plan for augmentation or Applicant shall curtail <br />its diversions. e <br /> <br />Pursuant to g37-92-502(5) c.R.S (1999), Applicant shall install, maintain and monitor at <br />locations determined by the Division Engineer and at Applicant's expense such measuring <br />devices deemed necessary by the Division Engineer to administer the terms of the Decree. The <br />CWCB, the State and Division Engineer and their agents shall have access to such measuring <br />device(s) at reasonable times in order to make readings therefrom. <br /> <br />S. Case No. 4-9SCW020; Kelley <br /> <br />The Board ratified the Statement of Opposition filed in this case at its May 22-23, 1998, <br />meeting. This is an application for a change of water rights on Ohio Creek near the town of <br />Gunnison in Gunnison County. Applicant is seeking to change the point of diversion for 1.3 cfs <br />decreed to the Tingley Ditch upstream approximately 1000 feet to the Hyzer Ditch for <br />supplemental irrigation. <br /> <br />The Board holds an instream flow decree for 12 cfs on Ohio Creek with an appropriation <br />date of March 17, 1980, which could be injured by this application. <br /> <br />Applicant has agreed to the following terms and conditions that will provide full <br />protection for the Board's instream flow water rights on Ohio Creek. <br /> <br />Applicant shall curtail diversions of its interest in Tingley Ditch at the Hyzer Ditch <br />headgate at any time the Board's Ohio Creek instream flow water right is not being satisfied. <br /> <br />Applicant shall limit cumulative diversions of its interest in the Tingley Ditch at the _ <br />Hyzer Ditch headgate to the amount of water physically available and in priority at the Tingley _ <br />Ditch headgate. <br /> <br />Applicant recognizes that the Division Engineer has the authority pursuant to g 37-92- <br />502(5) to order any owner or user of a water right to install and maintain necessary measuring <br />devices. <br /> <br />6. Case No. S-98CW69; Timber Creek Water Company <br /> <br />The Board ratified the Statement of Opposition filed in this case at its September 21-22, <br />1998, meeting. This is an application for a change of water rights, plan for augmentation and <br />exchange of water rights on the Blue River near the Town of Blue River in Summit County. <br />Applicant seeks the right to divert water out of priority from the Dot Placer Wells Nos. 1 & 2 to <br />serve the water needs of the Timber Creek Estates residential development. Wastewater from <br />this development will be treated at a downstream treatment plant located in the Town of Blue <br />River. Applicant intends to use "Vidler Water" (the Rice, Phillips and Soda Creek Ditches) and <br />Dillon Reservoir as augmentation sources. <br /> <br />The Board holds the following instream flow water rights that may be injured by this <br />application. <br /> <br />Case No. <br />5-86CW211 <br />5-86CW211 <br />5-86CW204 <br /> <br />Stream <br />Blue River <br />Blue River <br />Blue River <br /> <br />Amount (cfs) <br />2.0/1.0o5.0/2.0 <br />20.0/10.0 <br /> <br />AooroD. Date <br />3/14/86 <br />3/14/86 <br />3/14/86 <br /> <br />e <br />