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BOARD00596
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Last modified
8/16/2009 2:52:14 PM
Creation date
10/4/2006 6:41:12 AM
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Template:
Board Meetings
Board Meeting Date
11/23/1998
Description
ISF Section - Stipulations - Case No. 3-94CW062, San Luis Valley WCD
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />. <br /> <br />. <br /> <br />segment from further "de minimus" depletions pursuant to Rule 9,33 of the Rules and <br />Regulations concerning the Colorado Instream Flow and Natural Lake Level Program, <br />Applicant shall not agree to augment under this plan any additional uses to that ISF <br />segment that may further increase the unreplaced depletions described above, <br /> <br />As provided above, this plan does not grant an exclusive right to the Applicant to incur de minimis <br />depletions to CWCB instream flow rights, Notwithstanding these provisions, should an application be <br />filed in Water Court for a structure or water use that may cause such cumulative total to exceed one <br />percent of the decreed instantaneous flow rate for such an instream flow right, Applicant shall not be <br />required to remove from this augmentation plan any structures or uses already accepted into this plan, <br />or to reduce depletions from any structures or uses already accepted into this plan, <br /> <br />Applicant shall submit standard infonnational fOnTIS and any other necessiuy: reports showing the <br />replacement requirement and supporting information to the Division Engineer and the CWCB <br />immediately upon acceptance of each structure into the Applicant's plan and shall submit reports <br />showing uses of the water to the Division Engineer by November IOlh of each year, or such other dates <br />as are acceptable to the State Engineer, <br /> <br />The owners of all structures augmented under this plan will be required ti install and maintain <br />measuring devices on such structures, or to provide water use and depletion accounting fonns <br />sufficient to meet reasonable accounting needs ofthe State and Division Engineers, <br /> <br />Staff Recommendation <br /> <br />The staff recommends that the Board ratifY the attached stipulation, which has been accepted by the <br />applicant and recommended by the Attorney General's staff; with the San Luis Water Conservancy <br />District, <br /> <br />C:IMARK\WP\BOARD.MEM\S0P\394CW062_stp,doc ' <br />
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