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<br />, <br />'j <br /> <br />! <br /> <br />. <br /> <br />Consent Agenda Item 1.f <br />Case No. 7-04CW050; Town of Si1verton <br /> <br />Application Sununarv <br /> <br />TIris is an application for storage water rights in Molas Lake, which is a natural lake, and Molas <br />Storage Ponds, which would be located downgradient of Mol as Lake. Applicant proposes to raise <br />the existing dam by 3 feet (from 3.5 ft to 6.5 ft). Applicant claims that the total capacity of the dam <br />is 360 AF, the active capacity is 84 AF and the dead storage of 274 AF. Applicant also seeks to <br />divert water from Molas Creek via the Molas Ditch. TIris water will also be used for all municipal <br />uses, including augmentation, and to fill Molas Lake and Molas Storage Ponds. Applicant proposes <br />to use the water stored in the Lake and Storage Ponds to augment the Town of Silverton's water <br />diversions from Boulder Creek, Galvin Creek and Bear Creek. <br /> <br />CWCB Appropriations <br /> <br />The Board holds the following natural lake level right that could be injured by this application: <br /> <br />CWCB Case Amount Approp. <br />No. StreamlLake (AF) Date Watershed County <br />7-W-1454-76 Molas Lake, Big 200 11/30/1976 Animas River San Juan <br /> <br />. Potential for Injury: <br /> <br />Applicant's proposed storage water right will inundate the existing lake and may cause material <br />injury to the Board's natural lake water right on Molas Lake. In addition, Applicant's claimed "in <br />stream fishery" use may conflict with the CWCB's exclusive authority to appropriate instream flow <br />and natural lake level water rights. Section 37-92-102(3) C.R.S. provides: "...no other person or <br />entity [other than the CWCB] shall be granted a decree adjudicating a right to water or interests in <br />water for instream flows in a stream channel between specific points, . . . for any plll]lose <br />whatsoever." The Applicants may not obtain a decree that violates this statutory requirement. <br /> <br />Other Obiectors <br />The other objector in this case is the United States of America. <br /> <br />. <br /> <br />C:\Documents and Settings\ljb.DWR\My DocumentsiBoard Meetings\ConsentAgendaSilvertonll 04.doc <br />