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<br />- 3- <br /> <br />The ISF water right in the affected reach is 9.4 cfs from April 15 through October 14 and 4.5 cfs <br />from October 15 through April 14. Because the projected depletions are less than one percent of the <br />affected ISF water right and use up less than one-third of the full de minimis allowance for that ISF <br />water right, Staff recommends that the Board accept the depletions as de minimis. The stipulation <br />and decree will identifY those depletions in the approximately .5 mile reach of Fourmile Creek <br />between Cripple Creek and the Carlton Tunnel as having a de minimis impact on the subject ISF <br />water right. <br /> <br />Standard Terms and Conditions <br /> <br />The decree will contain standard terms and conditions applicable to plans for augmentation, <br />including section 37-92-305(8) language and terms requiring the Applicant to install measuring <br />devices necessary to administer the plan and to provide records and accounting of depletions and <br />replacement deliveries to the Division Engineer. <br /> <br />Staff Recommendation <br /> <br />Staff recommends that the Board authorize Staff and the Attorney General's Office to enter into a <br />stipulation with the Cripple Creek & Victor Gold Mining Company agreeing to the entry of a decree <br />that incorporates the proposal set forth in this memo and includes standard terms and conditions <br />required for augmentation plans. <br /> <br />Attachments <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />