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<br />, <br /> <br />Director's Report Attachment - September 27-28, 1999, Board Meeting <br />Stream and Lake Protection Program <br />Summary of Resolved Cases <br /> <br />tit <br /> <br />Section 9.41 ofthe ISF Rules states that: <br /> <br />"In the event the pretrial resolution includes terms and conditions preventing injury or <br />interference and does not involve a modification, or acceptance of injury or interference with <br />mitigation, the Board is not required to review and ratify the pretrial resolution. Staff may <br />authorize its counsel to sign any court documents necessary to finalize this type of pretrial <br />resolution without Board ratification." <br /> <br />Staff has resolved issues of potential injury in the following water court case and <br />authorized the Attorney General's Office to enter into stipulations that protect the CWCB's water <br />rights: <br /> <br />(I) Case No. 5-99CW046; Scott C. Shirley (Crooked Creek) <br /> <br />The Board ratified the Statement of Opposition filed in this case at its July 26-27,1999, meeting. <br />This is an application for plan for augmentation, change of water rights, and storage rights on Crooked <br />Creek near Tabernash in Grand Garfield County (see attached map). Applicant proposes to augment out-of- <br />priority depletions associated with a subdivision consisting of 60 lots. Depletions associated with 60 wells <br />are to be augmented using consumptive use credits of the Crooked Creek Ditch No. I and/or releases from .. <br />the Meadow Springs Reservoir. .. <br /> <br />The Board holds the following instream flow water rights that may be injured by this application. <br /> <br />Case No. <br />5-90CW298 <br />5-90CW301 <br />5-90CW296 <br /> <br />Stream <br />Crooked Creek <br />Crooked Creek <br />Crooked Creek <br /> <br />Amount (cfs) <br />4.5/1.0 <br />6.011.5 <br />8.0/4.0/2.75 <br /> <br />ADoreD. Date <br />11/27/90 <br />11127/90 <br />11127/90 <br /> <br />Applicant has agreed to the following terms and conditions that will provide full protection for the <br />Board's instream flow water rights on Crooked Creek. <br /> <br />. During the historic irrigation season when Applicant is diverting water from Crooked Creek to <br />storage in the Meadow Springs Reservoir using the Crooked Creek Ditch No. I and the flow of Crooked <br />Creek downstream ofthe Crooked Creek Ditch No. I diversion structure is less than the CWCB <br />instream flow rights Applicant shall limit diversions to storage to his pro-rata share of the consumptive <br />use portion of the subject Crooked Creek Ditch No. I priorities. <br />. During the non-irrigation season, Applicant shall curtail diversion under the priority decreed to the <br />Meadow Springs Reservoir First Enlargement at times when the flow of Crooked Creek downstream of the <br />Crooked Creek Ditch No. I diversion structure is less than the CWCB instream flow rights. <br />. Applicant has provided evidence to the CWCB that depletions to Crooked Creek associated with <br />pumping the wells described in Paragraph 8 occur at a point where an unnamed tributary of Crooked Creek <br />intersects with the Creek ("depletion point"). To the extent that the flow of water in the instream reach _ <br /> <br />24 <br />