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<br />. <br /> <br />Agenda Item 26a(5) <br />Case No. 5-97CW298; Vail Associates and Jouflas <br /> <br />Case Summary <br /> <br />e <br /> <br />The Board ratified the, Statement of Opposition filed in this case at its March 10-11, 1998, <br />meeting. This is an application for water rights, change of water rights, and approval of plan for <br />augmentation and exchange on the Eagle River near Wolcott in Eagle County (see attached map). <br />Applicants seek to change senior historic irrigation rights to year-round uses at a housing <br />development and golf course. Applicants also seek to augment out-of-priority depletions <br />associated with their developments with irrigation consumptive use credits during the historic <br />irrigation season and releases of water stored Eagle Park Reservoir during the non-irrigation <br />season. <br /> <br />The Board holds an instream flow water right on the Eagle River for I 10 cfs, summer, and 45 <br />cfs, winter, with an appropriation date of March 17, 1980, which may be injured by this <br />application. <br /> <br />StiDulation <br /> <br />Applicants have agreed to the following terms and conditions that will provide full protection for <br />the Board's instream flow water right on the Eagle River. <br /> <br />· Applicants agree that diversion of the changed water rights shall be limited to the <br />historic irrigation season and the historic consumptive use thereof; provided however a <br />that consumptive use credits stored during the historic irrigation season may be - <br />released from storage to augment out-of-priority diversions during the non-irrigation <br />season. Applicants further agree that cumulative diversion of the changed water <br />rights at all of their decreed diversion points will not exceed the amounts of historic <br />diversion of those same rights. <br /> <br />· Applicants agree that the change of water right described in Paragraph 7 (of the <br />decree) and use of those rights described in Paragraph 8 (of the decree) shall be <br />limited to times when the flow in the reach of the Eagle River between the confluence <br />of Brush Creek and the Applicants' points of diversion equal or exceed the amounts <br />decree to the CWCB. <br /> <br />. In connection with the diversion of water under the priority of the Vail-Jouflas Eagle <br />River Diversion, at any time the streamflow of the Eagle River immediately below <br />the point of diversion is less than the amounts decreed to the CWCB, Applicants <br />agree to either (I) replace such diversions at or upstream of the diversion structure or, <br />(2) curtail their out-of-priority diversions. <br /> <br />· Applicants will install and maintain such water measuring devices and implement <br />such accounting procedures as may be required by the State or Division Engineer to <br />administer the terms of this decree. The CWCB shall have access to any such a <br />measuring device(s) at reasonable times in order to make readings therefrom. - <br />