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<br />The Board holds the following instream flow rights that could have been injured by this application: <br /> <br />Case No. <br />5-76W2938 <br />5-85CW646 <br />5-85CW639 <br /> <br />Stream <br />Woody Creek <br />Roaring Fork River <br />Roaring Fork River <br /> <br />Amount (cfs) <br />6 <br />55/30 <br />145/75 <br /> <br />Appropriation Date <br />1/14/1976 <br />11/8/1985 <br />11/8/1985 <br /> <br />. <br /> <br />The Applicant has agreed to the following terms and conditions: <br /> <br />. Applicant shall only divert at the changed locations the amount of water physically and legally available at the <br />original points of diversion. All evaporation at the new places of storage will continue to be fully augmented <br />under a previously decreed plan for augmentation. <br />. Applicant will not divert water at its changed places of storage in a manner that will cause the flows of Woody <br />Creek to drop below the Board's decreed minimum instream flow of 6 cfs. When Applicant is operating under <br />its previously decreed plan for augmentation, Applicant may continue out-of-priority diversions at its changed <br />places of storage so long as such diversions do not cause injury to the Board's minimum instream flow water <br />right on Woody Creek. <br /> <br />(3) Case No. 4-02CW283; Paul Hudgeons <br />The Board ratified this statement of opposition at its March 2003 meeting. The Board's main objective in filing a <br />statement of opposition in this case was to ensure that the Applicant replaced injurious depletions in time, place, and <br />amount. The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that assures that the <br />CWCB's instream flow water rights will not be injured. <br /> <br />The Board holds the following instream flow rights that could have been injured by this application: <br /> <br />Case No. <br />4-80CW119 <br /> <br />Stream <br />Lake Fork of the Gunnison River <br /> <br />Amount (cfs) <br />45/25 <br /> <br />Appropriation Date <br />11/8/1985 <br /> <br />. <br /> <br />The Applicant has agreed to the following terms and conditions: <br /> <br />. At times when the CWCB's instream flow water right on the Lake Fork of the Gunnison river is not <br />satisfied, the Applicant will not divert its water rights or operate its appropriative right of exchange. <br />. At times when the downstream calling right is upstream of Blue Mesa Reservoir on the Lake Fork of the <br />Gunnison River and when such right is being legally and physically deprived of water by Applicant's <br />diversions, the augmentation plan will not apply and Applicant must cease all out-of-priority diversions. <br />. The Applicant shall install, maintain, and monitor such measuring devices as may be required by the State <br />and Division Engineers to administer the terms ofthe decree. <br /> <br />(4) Case Nos. 5-01CWI87, 188 and 189; Linksvest / Bair Chase, LLC <br />The Board ratified these statements of opposition on November 19, 2001. The applications were for water rights, <br />changes of water rights, appropriative rights of exchange, and a plan for augmentation. The Board's main objective in <br />filing a statement of opposition in this case was to ensure that the Applicant replaced injurious depletions in time, place, <br />and amount. The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that assures that <br />the CWCB's instream flow water rights will not be injured. <br /> <br />The Board holds the following instream flow rights that could have been injured by this application: <br /> <br />Case No. <br />5-85CW646 <br />5-85CW626 <br />5-97CW273 <br /> <br />Stream <br />Roaring Fork River <br />Cattle Creek <br />Cattle Creek <br /> <br />Amount (cfs) <br />55/30 <br />4 <br />2 <br /> <br />Appropriation Date <br />11/8/1985 <br />11/8/1985 <br />9/22/1997 <br /> <br />. <br />