BOARD00480

• Board Meeting Date: 5/23/2005
• Description: ISF Section - Uncontested Cases Horsefly and Cottonwood Creeks - Additional Language Included
• Board Meetings - Doc Type: Memo

Mar-,0-l,005 10:31om From-SOUTHWEST WATER CONSERVATI.oN DIST
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T-DID P.DD4/DD4 r-Ule

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Cottonwood Creek rEF Application .
In applications for any type of proposed change of a senior absolute water ri:glit located upstream
of this instream flow water right, the CWCB may 'file a .Statement of Opposition but shall
stipulate to the entry of a decree in such application if the proposed change does not increase the
historic consumptive use during April I through June 15 and does not:increase the'.unpact to.t:he
instream flow water right. . ..' : . .,.

In applications for any type of proposed change of a senior conditional water' right located
upstreari.t of this instream flow water right, the CWC13 may file a Statement of Opposition but
shall stipulate to the entry of a decree in such application if the proposed change 'does.not
increase the impact contemplated by the original decree to the reach of Cottonwood Creek
containing this instream flow water right during April 1 through June 15.

Pursuant to section 37-92-102(3)(b), C.R.S. (2004), this instream flow water right shall be
subject to any undecreed historic water uses, including wells, being made on or before the date
the CWCB appropriated this in stream flow water right, provided that such uses are:documented
in writing and confirmed by the Division of Water Resources prior to entry of the decree herein.

The CWCB recognizes the transbasin diversion by the Easton Ditch from Sheep .Creek, a
tributary of Horsefly Creek, into the Cottonwood Creek basin. While the eWCB may use water
resulting from this transbasin diversion to preserve the natural environment to a reasonable
degree, the CWCB shall not be entitled to place a call against the transbasin diverter.for such
water Dr to asSert injury to this instream flow water right if an application is filed for any type of .
change to the Easton Ditch.

Tbe CWCB shall set aside up to 1.575 acre-feet of the de minimis allowance for this instream
flow water right to allow for up to 100 new futllre undecreed domestic wells. As used herein, the
. -: -- - de minimis allowance foran instrllam flow water right means a depletive effect of one'percent of
the decreed instream flow amount'on the stream reach subject of tile instream fJowwater right.

(Need to eSTablish process f01' including such wells In the de minimis database)

Determination of 1.575 acre-feet for 50 domestic wells - assume O.S acre-feet pumped per well,
15% CD; 0.075 acre-feet CD per year, 76 days (April 1 to June 15) per year (21%), neteU
during ISFwater right of 0.01575 acre-feet per well. 100 wells is ].575 acre-feet during April 1
to June 15.

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