BOARD00596

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

a, ,Upon receipt and consideration of an application for participation in this augmentation plan, .
Applicant shall calculate the cumulative total of out-of-priority unreplaced depletions that
, may impact such an instream flow water right from the following:

1) water uses augmented under this plan, including pending applications for augmentation,
that are junior in priority to the instream flow water right:
2) water uses augmented under this plan, including pending applications for augmentation,
that are senior in priority to the instream flow water right, to the extent such depletions
would not otherwise occur except for participation in this plan;
3) other decreed conditional and absolute water rights that are junior in priority to the
instream flow water right; and
4) water uses for which applications are pending before the Water Court at the time of
calculation, based upon the proposed amount of such depletions;

Applicant shall not include in such cumulative total however, depletions from:
1) "exempt wells" permitted pursuant to C.RS, 37-92-602 et seq,; and
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 times as such cumulative total, as calculated by Applicant, equals or exceeds 80%
of the allowed "de 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"10 of that allowed "de minimus" 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 to exceed one percent of the decreed instantaneous flow rate
for the instrearn flow right. If the CWCB determines and notifies the Applicant that
the water use will cause such amount to be exceeded, the Applicant will not agree
to augment that use under this plan, Failure by the CWCB to give notice to the
Applicant of its detennination 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 CWCB has notified the Applicant that the CWCB has exempted a specific stream .