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<br />. <br /> <br />. <br /> <br />. <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Phone: 13031 866-3441 <br />FAX: (3031 866-4474 <br /> <br />STATE OF COLORADO <br /> <br />- <br /> <br />Roy Romer <br />Governor <br /> <br />To: <br /> <br />James S. Lochhead <br />Executllle Director, DNR <br />OiUlesC. Lile, P.E. <br />Director, CWeB <br />Peter H. Evans <br />Acting Director, CVVCB <br /> <br />Colorado Water Conservation Board Members <br /> <br />From: <br /> <br />Dan Merriman <br />Mark Uppendahl <br /> <br />Date: <br /> <br />November 20, 1998 <br /> <br />Subject <br /> <br />Agenda Item 10, November 23-24, 1998, Board Meeting-- <br />Instream Flow Program - Stipulations <br />Case No, 3-94CW062; San Luis VaIley WCD <br /> <br />Case SulT1lllllIY <br /> <br />This is an application for a change of water right and plan for augmentation including exchange within <br />the San Luis Valley Water Conservancy District (District), The District is within AIamosa, Rio <br />Grande, Saguache, Hinsdale and Mineral Counties, The District has the ability to expand and change <br />its boundaries by the inclusion of additional lands within the District's boundaries, The District is <br />requesting to change 4,5 cfs of the Pine River Weminuche Pass Ditch, from irrigation purposes to <br />irrigation, stock, domestic, commercial, industrial, augmentation, and storage uses, The direct flow and <br />stored water would be used to augment depletions within the District including the Rio Grande <br />mainstem, its tributaries, and the confined and unconfined aquifers, <br /> <br />Applicant's request to provide augmentation water to anywhere within the District's boundaries has the <br />potential to injure the Board's instream flow rights within the District, In addition to the existing <br />instream flow water rights held by the CWCB, any additional instream flow water rights acquired by <br />the CWCB in the future could potentially be injured by future exchanges contemplated by this <br />augmentation plan, <br /> <br />Proposed Decree <br /> <br />The Applicant has agreed to the foIlowing terms and conditions which will provide protection for the <br />Board's instream flow water rights in Water Division 3: <br /> <br />The CWCB currently holds and may acquire additional instream flow water rights in Water Division 3, <br />Except on streams otherwise provided for herein (see Paragraph 21 above), unreplaced depletions <br />impacting such an instream flow water right from structures participating in this augmentation plan shaIl <br />be allowed and shall not constitute injury, as per the ISF De Minimis Rule 9.30, subject to the following <br />limitations: <br />