BOARD00937

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

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Agenda Item 26a(1)
Case No. 1-97CW370; Silverheels Ranch Owners Association e

Case Summary

The Board ratified the statement of opposition filed in this case at its March 10-11, 1998, meeting.
lbis is an application for surface water rights, a change of water rights, storage rights, and approval
of a plan of augmentation and exchange on Tarryall Creek, Middle Fork of the South Platte River,
Beaver Creek, and Crooked Creek near Fairplay in Park County (see attached map). Applicant
seeks to amend its previously decreed plan for augmentation in Case No. 78W9358 to serve fewe~
10ts and use the unused augmentation credits plus out-of-priority diversions on Crooked Creek and
Beaver Creek to add stockwatering and/or irrigation for the remaining lots. In addition, Applicant
requests to enlarge the Silverheels Augmentation Reservoir on South Crooked Creek. Applicant
also requests a change in place of storage for the McManus Ditch water (aka Lost Park water) from
Tarryall Creek to the Silverheels Augmentation Reservoir. The McManus Ditch water will also be
exchanged up to the Silverheels Augmentation Reservoir with an appropriation date of June 11,
1997 . Water will be released from the reservoir to augment out -of-priority diversions.

The Board holds the following instream flow water rights, which may be injured by this
application.

Case No.
76W8226
76W8235
80CW67

Stream
Beaver Creek
Crooked Creek
Middle Fork of the South Platte River

Amount (cfs)
3
2
16/8

Aoorooriation Date
1114/1976
1114/1976
1130/1980

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Stioulation

Applicant has agreed to the following terms and conditions, which will provide full protection for
the Board's instream flow water rights on Beaver Creek, Crooked Creek and the Middle Fork South
Platte River.

. Applicant shall divert water from Beaver Creek for storage or direct use only when its right is in
priority. Such diversions shall not cause the Beaver Creek streamtlows to fall below 3 cfs, the
amount of the Board's instream flow water right.

· Applicant shall not operate the exchange of water from the McManus Ditch headgate to
Silverheels Augmentation Reservoir at times when the instream flow rights on the Middle Fork
of the South Platte River and Crooked Creek are not being satisfied. In addition, Applicant will
not store water in the Silverheels Augmentation Reservoir, under the proposed alternate point of
storage for the Lost Park water at times when the instream flow rights on the Middle Fork of the
South Platte River and Crooked Creek are not being satisfied.

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