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<br />Agenda Item 5m <br />Case No. 5-97CW306; EMO, LLC, et. al. <br /> <br />Application Summ8.lY <br /> <br />This is an application for conditional water rights, conditional storage rights, change of water rights, and <br />approval of plan for augmentation on the Eagle River near Eagle- Vail in Eagle County (see attached <br />map), Applicants seek two 3.6 cfs, junior conditional water rights at the MetcalfHeadgate and Raw <br />Water Booster Pump and two junior conditional storage rights at Vail Valley Centre Lake Nos, I and 2 <br />totaling 27 acre-feet. Applicants also propose to change approximately 252 acre-feet 'ofhistoric irrigation <br />consumptive use credits to year-round uses and to change the decreed points of diversion of those historic <br />irrigation rights to alternate points of diversion at the MetcalfHeadgate, Raw Water Booster Pump, the <br />Centre Wells, several of the historic points of diversion, and the Vail Valley Centre Lakes, Applicants' <br />proposed plan fur augmentation would replace out-of-priority depletions at the above-referenced alternate <br />points of diversion either by direct replacement during the historic irrigation season or by releases of water <br />stored in either Nottingham Reservoir, the two on-site ponds, or Eagle Pass Reservoir during the non- <br />irrigation season. <br /> <br />cweB AllPropriations <br /> <br />The Board holds an instream flow appropriation for 85 cfs, summer, and 35 cfs, winter, on the Eagle <br />River with an appropriation date of March 17, 1980, which could be injured by this application. <br /> <br />Potential for IniUl:Y <br /> <br />Applicants' proposed change of senior irrigation wat~ rights to year-round uses may expand the historic <br />use of those senior rights and deplete the Board's Eagle River instream flow water right. In addition, <br />Applicants' proposed plan for augmentation may not replace its out-of-priority depletions in the same <br />amount, timing, or location at which they occur. <br /> <br />Other Objectors <br /> <br />Ai the time this memo was prepared, the period for filing Statements of Opposition to this application had <br />not yet expired. <br /> <br />A:\597CW306.MEM <br />