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<br />, . <br /> <br />" <br /> <br />. <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />STATE OF COLORADO <br /> <br />o <br /> <br />COLORADO WATER CONSERVATION BOARD <br />Department of Natural Resources <br /> <br />721 State CBnrennia/Buildrng <br />1313 Sherman Street <br />Den'l8t, Colorado 80203 <br />Phone (303) 866-3441 <br />FAX (303) 866-4474 <br /> <br />TO: Members, CWCB <br /> <br />MEMORANDUM <br /> <br />Roy Romer <br />Governor <br /> <br />FROM: <br /> <br />Dan Merriman <br /> <br />Ken Salazar <br />Executive Director <br /> <br />DATE: <br /> <br />Daries C. Ufe, P .E. <br />Division Director <br /> <br />October 23, 1992 <br /> <br />SUBJECT: Agenda Item l3e, November 9-10, 1992, Board Meeting-- <br />Instream Flow Program: Stipulations <br />Case No. 5-91CW201; Miller <br /> <br />Case SummaI)' <br /> <br />The Board ratified the statement of opposition filed in this case at its March, 1992, <br />meeting. The applicant is requesting to replace out-of-priority depletions from five junior <br />wells located along the Blue River with consumptive use credits decreed to the Swan River <br />P.U.D. (see attached map). So long as wastewater is treated on-site, the applicant has <br />acquired sufficient water from the Summit County Small Users Pool and the Swan River <br />P.U.D. to offset all depletions. However, wastewater treatment maybe provided by the <br />Breckenridge Sanitation District, in which case any diversions will be 100% consumptive to <br />the Blue River. <br /> <br />The Board has an instream flow decree on the Blue River which could be injured by <br />this plan for augmentation. <br /> <br />Proposed Stipulation <br /> <br />The attached stipulation, which bas been accepted by the applicant and <br />recommended by the Attorney General's staff, allows the applicant to replace out-of-priority <br />depletions with Small User Pool and Swan River P.U.D. water if the applicant's wastewater <br />treatment is by individual septic systems. However, if the applicant's wastewater treatment <br />is provided by the Breckenridge Sanitation District the applicant has arranged to replace the <br />full diversion amount with upstream releases of water from the Blue River Water District's <br />system. <br /> <br />Staff Recommendation <br /> <br />The staff recommends that the Board ratify the attached stipulation with Mr. Miller. <br /> <br />DCM/MU/gl <br />Attachments <br /> <br />File: 591CW201.STP <br />