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. Stream and Litke Protection Program Summary of Resolved Cases January 2005 The Board's lSF Rule 8i. states that: "In the event the pretrial resolution includes terms and conditions preventing injury or interference and does not involve a modification, or acceptance of injury or interference with mitigation, the Board is not required to review and ratify the pretrial resolution. Staff may authorize its counsel to sign any court documents necessary to finalize this type of pretrial resolution without Board ratification. Staff has resolved issues of potential injury in the following water court case and authorized the Attorney General's Office to enter into stipulations that protect the CWCB's water rights: (1) Case No. 4-99CW68; Crested Butte South Metropolitan District The Board ratified this statement of opposition on July 23, 2001. The Board's main objective in filing the statement of opposition in this case was to ensure that the Applicant did not divert this senior water right at the changed points of diversion at times when the CWCB's intcrvening instream flow water rights were not being satisfied and to assure that injurious depletions were replaced in time, place, and amount. The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement to ensure that the CWCB's instream flow water rights will not be injured. The Board holds the following instream flow rights that could have been injured by these applications: Case No. 4-83CW230 Stream East River Amount (cfs) 10 6/3/1982 Appropriation Date . The Applicant seeks to divert two water under two previously decreed well rights at three new additional points of diversion (two new wells and a spring), all of which are downstream from the original points of diversion. The wells are subject to an existing plan for augmentation to cover out-of-priority non-irrigation season uses. The CWCB and the Applicant have agreed to the entry ofa decree that will prevent injury to the Board's ISF water rights on the East River by providing the following: . The Applicant's diversions will not exceed 2.0 c.f.s in from all four wells and one spring in the aggregate, with an annual volumetric limit of 1,448 acre-feet per year. The wells will be equipped with totalizing flow meters, and the Applicant will install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer. . Consumptive use through the four wells and one spring will not exceed that decreed in previous cases changing the original wells' points of diversion. . There will be no change in (I) the quantity of water diverted and consumed, (2) the timing of diversion or consumption, and (3) the place and time of discharge/return flow from that which would have occurred under the previously decreed use. . The additional points of diversion are either at or near the point of diversion for one of the original wells and are downstream from the point of diversion of the other original well. (2) Case No. 5-03CW323; Rosemary's Circle R Ranch East, LLC and Rosemary's Circle R Ranch West, LLC The Board ratified this statement of opposition at its March 2004 meeting. The Board's main objective in filing a statement of opposition in this case was to ensure that the Applicant's proposed change of water rights did not expand the use of those rights, resulting in injury to the Board's instream flow water rights. Tbe Staff, in cooperation with the Attomey General's Office, has negotiated a settlement that ensures that the CWCB's instream flow water rights will not be injured. .