Laserfiche WebLink
<br />: <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />. <br /> <br />. <br /> <br />Agenda Item 4c <br />Case No, 5-92CW300; Breckenridge Sanitation District <br /> <br />Application Summary <br /> <br />This is an application for an absolute water right on the Blue River near the town of <br />Breckenridge in Summit County (see attached map). The application is for an 8 cfs diversion <br />to mix treated sewage effluent with river water prior to discharge to the stream system. The <br />application carries a 1992 adjudication with a 1980 appropriation date, <br /> <br />Discussion <br /> <br />This application was filed in December 1992. Staff did not oppose the application at the time <br />it was filed since it would be junior to the Board's 1986 filing on the Blue River. Section 37-92- <br />102(3)(b) C.R.S. requires the Board's appropriation to be "...subject to the present uses or <br />exchanges of water being made by other water users pursuant to appropriation or practices in <br />existence on the date of [the Board's] appropriation, whether or not previously confirmed by <br />court order or decree," Staff s initial investigations indicated that the applicant was diverting the <br />full 8 cfs on a continuous basis for the claimed use, Staff has recently received conflicting <br />information regarding that historic practice, Certain parties have also recently suggested that the <br />Board's instream flow right must be subordinated to this application to accomplish the intent of <br />the statute, Therefore, staff has requested that the Attorney General file a Motion to Intervene <br />and Statement of Opposition in this case to verify the applicant's historic practice and to clarify <br />the administrative questions which have surfaced. <br /> <br />CWCB Appropriations <br /> <br />The Board holds an instream flow decree for 32 cfs, summer, and 16 cfs, winter, on the Blue <br />River with an appropriation date of March 14, 1986, which could be affected by this application, <br /> <br />Potential for Iniurv <br /> <br />This application may affect administration of the Board's instream flow water right on the Blue <br />River and may have policy implications in all of the Board's appropriations throughout the state. <br /> <br />Other Obiectors <br /> <br />Other objectors include the Summit County Board of County Commissioners, Blue River Water <br />District, Town of Breckenridge, City of Colorado Springs, Town of Silverthorn, and the City and <br />County of Denver. <br /> <br />c:\anne\memos\592cw300.sop <br />