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<br />) <br /> <br />Agenda Item 5h <br />Case No. 5-97CW283; Town of Breckenridge <br /> <br />ApJllication Summary <br /> <br />This is an application for absolute and conditional water rights and rights of exchange on the Blue River <br />near Breckenridge in Swnrnit County (see attached map). Applicant seeks: <br />I) a 2 cfs, senior absolute water right for year-round uses, including augmentation and <br />exchange, utilizing the Miners Creek Ditch, <br />2) a 2 cfs, junior conditional water right for the same year-round uses utilizing the Miners <br />Creek Ditch Enlargement, and <br />3) findings from the Water Court that: <br />a) "the Miners Creek Ditch water is imported into the Blue River and is thus not <br />part of the instream flow decreed for the. upper Blue River in Case No. <br />85CW62T, and <br />b) the Applicant may exchange said imported water to any point of diversion or <br />storage on the Blue River from Dillon Reservoir to Goose Pasture Tam without <br />regard to the CWCB' s instream flow water rights within this exchaDge reach. <br /> <br />CWCB APJlroJlriations <br /> <br />The Board has the following instream flow appropriations which could be injured by this application: <br /> <br />) Case No. Stream Amount ( cfs) AJlproJl. Date <br /> 5-85CW649 Miners Creek 1.5 11/8/85 <br /> 5-86CW204 Blue River 20/10 3/14/86 <br /> 5-86CW217 Blue River 32/16 3/14/86 <br /> Potential for Iniurv <br /> <br />Applicant's proposed use of the Miners Creek Ditch for year-round uses may result in an expansion of <br />the historic use of the ditch and deplete the Board's instream flow right on Miners Creek. In addition, <br />Applicant's reference to Case No. 85CW627 is most likely in error, as Case No. 85CW627 is actually <br />the Board's instream flow right on the North Fork Swan River. Therefore, the application may not <br />contain sufficient infonnation to fully evaluate the Applicant's potential impacts to the Board's Blue <br />River and Miners Creek instream flow water rights. <br /> <br />Other Obiectors <br /> <br />At the time this memo was prepared, the period for filing Statements of Opposition to this application <br />had not yet expired. <br /> <br />) <br /> <br />A:\597CW283.MEM <br />