BOARD00596

• Board Meeting Date: 11/23/1998
• Description: ISF Section - Stipulations - Case No. 3-94CW062, San Luis Valley WCD
• Board Meetings - Doc Type: Memo

11/20/199~ 15:37

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7195209447

MACDOUGALL LAW OFFIC

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2) present uses or exchanges of water being made
by water users pursuant to appropriation or
practices in ,existence on ,the date of the
appropriation for the instream flow water right,
whether or not previously confirmed by court order
or decree;

b, at such time as such cumulative total, as
calculated by Applicant, equals or exceeds SO% of the
allowed 'Qe minimus" depletion (defined as 1% of the
decreed instantaneous flow rate for such instream flow
water right), or the CWCB notifies Applicant that such
cumulative total equals or exceeds 80% of that allowed
"de mimirnus" depletion level, Applicant shall proceed
as follows with resPect to all pending and future
applications to augment uses that may impact such
instream flow water right:

1). Applicant shall submit any such application
for inClusion: in this plan to the CWCB before
approving any Such application, The CWCB shall
have 45 days to review such application and notify
the Applicant' Whether or not such water USe will
CaUSe such cumulative total depletio~s to exceed .
one percent of the decreed instantan~ous flow rate
for the instream flow right, If the CWCS
determines and notifies the Applicant that the
water use will cause such amount to be exceeded,
the Applicant, will not agree to augm~nt that use
under this plan. Failure by the CWCB to give
notice to the: Applicant of its determination
regarding any such application within 45 days of
receipt thereof by the CWCB shall be considered an
approval by the CWCB of such application for
inclusion in this plan; and

2). Once the CWCB has notified the Applicant
and the Division Engineer that such
cumulative total has reaChed one percent of
the decreed instantaneous flow rate for an
instream flow water right on any stream
segment, Applicant shall not agree to augment
under this plan any additional uses that may
further increase such cumulative total on
that particular segment; and

c. Once the CWCS has notified the Applicant that the
CWCB has exempted a specific stream segment from
further "de minimus" depletions pursuant to Rule 9.33

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