BOARD00399

• Board Meeting Date: 3/24/2003
• Description: ISF Secton - Authorization to Proceed to Trial - Case No. 1-92CW168; Central City
• Board Meetings - Doc Type: Memo

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aUgn1entation plan, the Applicant proposes to continue diverting under its 1903/1914 _
water right (when it would have otherwise have be'en required to curtail its diversions) ..
because it is providing aUgn1entation water to the senior calling right (at a point
downstream of the CWCB's intervening instream flow water right). The Applicant
contends that it does not have to curtail its out-of-priority depletions of its senior water
rights when the CWCB's instream flow water rights are not being satisfied. The CWCB
Staff contends that Central City's must curtail its diversions under this aUgn1entation plan
because it would injure the Board's instream flow'water rights on North Clear Creek and
on the Fall River, as described below:

Case No.
1-87CW273
1-95CW256

Stream
North Clear Creek
Fall River

Amount (cfs)
1.5
5.25/2

Appropriation Date
12/11/87
7/24/95

Staff Recommendation

The Staff recommends that the Board authorize t!j.e Staff to proceed to trial to protect the
CWCB's instream flow water rights on North Clear Creek and on the Fall River. The
Staff is continuing to discuss settlement with the Applicant, and will present the Board
with any settlement proposals that are offered prior to the March 2003 Board meeting.

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