BOARD00936

• Board Meeting Date: 1/25/2005
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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In negotiated a settlement in this case, Staff detennined that all impacts to the Roaring Fork River occur
downstream of the Board's ISF on that river. Further, the Applicant has agreed to the following tenns and
conditions:

. The Applicant will not divert the original point of diversion at any new upstream points of diversion.
. The Applicant may divert at downstream alternate points of diversion so long as the water is physically
available and in priority at the original point of diversion.
. The Applicant shall install, maintain, and monitor such measuring devices as may be required by the State
and Division Engineers to administer the tenns of the decree.

(5) Case No. 4-98CWl71; Skyfield, LLC, West Meadows Mutual Ditch Co., and Zoline Family Estate,
LLC
The Board ratified this statement of opposition at its March 29-30, 1999 meeting. The Board's main objective in filing
a statement of opposition in this case was to ensure that the Applicant's proposed change in points of diversion, type of
use and place of use did not injure the Board's instream flow water rights, and to ensure that the Applicant replaced
injurious depletions in time, place, and amount. The Staff, in cooperation with the Attorney General's Office, has
negotiated a settlement that assures 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 this application:

Case No.
4-84CW430
4-84CW429

Stream
South Fork San Miguel River
San Miguel River

Amount (cfs)
9
20

Appropriation Date
7/13/1984
7/13/1984

. The Applicant has agreed to the following terms and conditions:

. With regard to the alternate uses of the storage rights, the Applicants agree not to divert for these alternate uses,
including filling and refilling the ponds, outside the historic irrigation season unless the CWCB's instream flow
amounts are met on the South Fork of the San Miguel River,
. At any time the stream flow of the South Fork San Miguel River is less than the amounts decreed to the
CWCB in the above-referenced cases (downstream from Applicants' diversion points), Applicants will
either curtail its diversions or replace the out-of-priority depletions in time and amount, upstream from
where the depletions impact the river system.
. Applicants shall only divert its changed water rights at the new points of diversion in the amount physically
and legally available at the original points of diversion.
. Under its augmentation plan, Applicants will not divert out-of-priority unless the CWCB's instream flow
water rights are met on the South Fork San Miguel River or the Applicants replace the out-of-priority
depletions in time and amount, upstream from where the depletions impact the river system.
. The Applicant shall install, maintain, and monitor such measuring devices as may be required by the State
and Division Engineers to administer the terms of the decree.

(6) Case No. 2-02CWl72; John R. Bovaird et at.
The Board ratified this statement of opposition at its March 2003 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 and plan for
augmentation did not injure the Board's instream flow water rights, and to ensure that the Applicant replaced injurious
depletions in time, place, and amount. The Staff, in cooperation with the Attorney General's Office, has negotiated a
settlement that assures 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 this application (application still
pending in water court):