BOARD00543

• Board Meeting Date: 7/28/2003
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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with the Attorney General's Office, has negotiated a settlement that fully protects the Board's instream
flow water rights.

The Board holds the following instream flow rights, which could have been injured by this
application:

Case No.
5-90CW308
5-90CW296
5-90CW141

Stream
Fraser River
Crooked Creek
Pole Creek

Amount (cfs)
30/19
8/4/2.75
3/2

Aoprooriation Date
11/27/1990
11/27/1990
11/27/1990

The Applicant has agreed to the following terms and conditions that are fully protective of the
CWCB's instream flow water rights:

· The Applicant recognized that the Board holds the above-referenced instream flow water rights
that are senior to the Applicant's new junior water rights, and the Applicant agreed not to divert
water under its junior surface water rights when the CWCB's instream flow water rights were
not being satisfied.
· The Applicant recognized that its groundwater rights for the Emerald City Well Nos. 1-12, are
junior to the CWCB's instream flow rights and agreed that at any time the CWCB's instream
flow water rights are less than the amounts decreed to the CWCB, the Applicant would replace
all out-of-priority depletions, in time and amount, at or upstream from where the depletions
impact the stream system.

(8) Case No. 5-01CW304; Copper Mountain, Inc.

The Board ratified the statement of opposition filed in this case at its May 2002 meeting. The
Board's main objective in filing a statement of opposition in this case was to assure that the Applicant
replaced its depletions in the same time, place, and amount at which they occur. The Staff, in cooperation
with the Attorney General's Office, has negotiated a settlement that fully protects the Board's instream
flow water rights.

The Board holds the following instream flow rights, which could have been iIliured by this
application:

Case No.
5-86CW209

Stream
Tenmile Creek

Amount (cfs)
10/7

Appropriation Date
3/14/1986

The Applicant has agreed to the following terms and conditions that are fully protective of the
CWCB's instream flow water rights:

· The Applicant recognized that the Board holds the above-referenced instream flow water
right on Temnile Creek, and the Applicant agreed to augment all out-of-priority depletions
with releases from Clinton Reservoir.
· The Applicant has agreed to incorporate the relevant portions of the Blue River agreement
to assure that it is in compli~ce with that agreement.