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<br />(Agenda Item 10) Language for Inclusion in Decrees for Proposed 2002 San Miguel River <br />Instream Flow Water Right Appropriations <br /> <br />Issue 1: Lower Terminus <br /> <br />Staff recommends changing the proposed lower terminus language from "the confluence of <br />Horsefly Creek" to "immediately upstream ofihe confluence of Horsefly Creek." <br /> <br />Issue 2: Norwood Water Right <br /> <br />The CWCB shall not object to further amendment ofthe Town of Norwood application <br />regarding the Town's point of diversion identified in Case No. 4-94CW244, as long as the <br />Town's change in point of diversion is located one mile upstream or Y. mile downstream of the <br />San Miguel River/Beaver Creek confluence. <br /> <br />Issue 3: Placerville De minimis <br /> <br />Rule 9 of the Colorado Water Conservation Board's (CWCB) Instream Flow Rules, 2 CCR 408- <br />2, allows for depletions up to 1% of the decreed instream flow amount. The San Miguel <br />Instream Flow Recommendation as currently proposed would allow for a total of 546 acre-feet of <br />de minimis impacts. To address concerns raised by the Southwest Water Conservancy District, <br />staff recommends that 10 acre-feet of the 546 acre-feet of de minimis impact be reserved to <br />augment depletions to the San Miguel River lOcated downstream of Fall Creek and upstream of <br />Leopard Creek. The 10 acre-feet reserved will he allocated on a first come first serve basis until <br />the 10 acre-feet lire consumed, after which additional depletions may be included under the other <br />536 acre-feet of de minimis impact, if available. The 10 acre-feet may be used to cover year- <br />round depletions. <br /> <br />Issue 4: San Miguel Project <br /> <br />The CWCB will not require conditions in any court proceeding to change the decreed point of <br />diversion and place of use of the water rights decreed in Case No. 4- W-9042 relating to the <br />CWCB's San Miguel River Instream Flow Recommendation other than those conditions <br />required in the decree in Case No. 4- W-9042, unless the cumulative impact of any proposed <br />change would exceed the impact contemplated lJl1der theW-9042 decree. <br />