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<br /> <br />t <br /> <br />e <br /> <br />e <br /> <br />e <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: (303) 866,3441 <br />FAX: (303) 866-4474 <br />www.cwcb.state.co.us <br /> <br /> <br />Bill Owens <br />Governor <br /> <br />MEMORANDUM <br /> <br />Greg E. Walcher <br />Executive Director <br /> <br />To: CWCB members <br /> <br />Rod Kuharich <br />CWCB Director <br /> <br />From: Dan Merrinlan, Ted Kowalski <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />Date: March 12, 2003 <br /> <br />Re: Agenda Item 14, March 24-26, 2003 Board Meeting- <br />Stream and Lake Protection Section - Authorization to Proceed to Trial- <br />Case No.I-92CWI68; Central City <br /> <br />BackiU"ound <br /> <br />This Application is set for a three week trial, to begin on May l2, 2003, in Greeley. The <br />Applicant, Central City, is proposing an augmentation plan whereby the Applicant seeks <br />to make out-of-priority diversions at several points of diversion on North Clear Creek <br />(and its tributaries) and on the Fall River, and to augment these depletions with <br />augmentation sources located downstream on the mainstem of Clear Creek. The CWCB <br />holds a decree for an instreanl flow water right on North Clear Creek and is in the process <br />of obtaining a decree for an instream flow water right on Fall River. The Applicant's <br />proposed augmentation plan may injure the CWCB's instream flow water rights by not <br />replacing its depletions in the same time, place and location at which they occur. The <br />Applicant has agreed to curtail its out-of-priority diversions of water rights that are junior <br />to the CWCB's instream flow water right, when the CWCB's instream flow water right is <br />not being satisfied. However, the Applicant contends that it does not have to curtail its <br />out-of-priority diversions of senior water rights (that are continuing to divert pursuant to <br />its new augmentation plan), when the CWCB's instream flow water right is not being <br />satisfied. <br /> <br />For example, the Applicant holds a water right for 1.6 cfs with a July l7, 1903 <br />appropriation date and a October 9, 1914 adjudication date. Under the Applicant's new <br />