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<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:~03)866-3441 <br />FAX: (303) 866-4474 <br />www.cwcb.state.co.us <br /> <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />To: Colorado Water Conservation Board Members <br /> <br />Russell George <br />Executive Director <br /> <br />From: Dan Merriman and Linda Bassi <br /> <br />Rod Kuharich <br />CWCB Director <br /> <br />Date: January 17,2005 Dan McAuliffe <br />Deputy Director <br /> <br />Re: Agenda No. 12, January 25-26, 2005 Board Meeting, Stream and Lake Protection Section- <br />Request for Authorization to Proceed to Trial- Case No. 5- 03CW21l, Application of Eagle <br />Park Reservoir Company <br /> <br />Backl!round <br /> <br />This application is set for a three-day trial beginning on March 23, 2005 in Glenwood Springs. The <br />Applicant, the Eagle Park Reservoir Company, seeks to divert its Pando Feeder Canal water right at <br />that water right's previously decreed alternate point of diversion at the East Fork Pumping Plant out- <br />of-priority on a year round basis. The Applicant proposes to augment these out-of-priority <br />diversions by releasing "or otherwise commit[ing]" to the Colorado and Eagle Rivers water from any <br />part or combination of one or more of several identified water rights, including historic consumptive <br />use credits under existing decrees. The Applicant proposes to augment its out-of-priority diversions <br />by exchange, with the exchange reaches varying according to the source of augmentation water, with <br />the exqhange reach(es) of concern to the CWCB located on the East Fork Eagle River and the Eagle <br />River to its confluence with the Colorado River. <br /> <br />The Board holds the following water rights that will be injured by the Applicant's proposed <br />operation of its augmentation plan and exchange: <br /> <br /> CWCB Case StreamlLake Amount Approp. Watershed County <br /> No. (crs) Date <br /> 5-78W3805 Eagle River 12/6 5/12/78 Eagle River Eagle <br /> 5-78W3811 Eagle River 15/8 5/12/78 Eagle River Eagle <br /> 5-78W3788 . Eagle River 25/11 5/12/78 Eagle River Eagle <br /> 5-78W3796 Eagle River 50/20 5/12/78 Eagle River Eagle <br /> 5-80CW134 Eagle River 85/35 3/17/80 Eagle River Eagle <br /> 5-80CW126 Eagle River 110/45 3/17/80 Eagle River Eagle <br /> 5-80CW124 Eagle River 130/50 3/17/80 Eagle River Eagle <br />, 5-85CW262 East Fork Eagle River 1.5 3/3/85 Eagle River Eagle <br /> 5-85CW263 East Fork Eagle River 2 3/3/85 Eagle River Eagle <br /> <br />Colorado Water Conservation Board <br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation and Drought Planning <br />