BOARD00937

• Board Meeting Date: 3/29/1999
• Description: ISF Section - Informational Items - Summary of Resolved Cases
• Board Meetings - Doc Type: Memo

Agenda Item 26a(4)
Case No. 5-97CW207; Schmidt Ranch L.L.C.

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Case Summary

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The Board ratified the Statement of Opposition filed in this case at its January 28-29, 1998,
meeting. This is an application for groundwater rights, surface water rights, storage rights, and
approval of plan for augmentation for a gravel mining operation on the Eagle River near Gypsum
in Eagle County (see attached map). Applicants propose to replace their out-of-priority
depletions with irrigation consumptive use credits during the irrigation season and releases of
water stored in either Green Mountain Reservoir, Wolford Mountain Reservoir, Eagle Park
Reservoir, or an on-site pond during the non-irrigation season.

The Board holds an instream flow water right on the Eagle River for 130 cfs, summer, and 50
cfs, winter, with an appropriation date of March 17, 1980, which may be injured by this
application.

Stipulation

Applicants have agreed to the following terms and conditions that will provide full protection for
the Board's instream flow water right on the Eagle River.

· Applicants agree to either (1) curtail their out-of-priority diversions under this plan
for augmentation, or (2) replace said out-of-priority diversions at or upstream of its
diversion structure at anytime the streamflow of the Eagle River below Applicants' ..
diversion structures is less than 130 cfs, summer (May 1 through September 30), or .
50 cfs, winter (October 1 through April 30), the amount of the CWCB's instream
flow right.

· Pursuant to ~37-92-502(5), Applicants shall, at their own expense, install, maintain,
and monitor such measuring devices and implement such accounting procedures as
may be required by the State or Division Engineer to administer the terms of this
decree. The CWCB shall have access to any such measuring device(s) at reasonable
times in order to make readings therefrom.

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