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<br />~ <br /> <br />'" <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />Agenda Item 26a(2) <br />Case No. 2-97CWI47; Mesa Antero Water Association <br /> <br />Case Summarv <br /> <br />The Board ratified the statement of opposition filed in this case at its January 28-29, 1998, meeting. <br />This is an application for groundwater rights, surface water rights, a change of an existing plan of <br />augmentation and a change in point of diversion on Brown's Creek near Buena Vista in Chaffee <br />County (see attached map). Applicant seeks to move previously decreed wells and augmentation <br />credits, under an existing augmentation plan, upstream, to new points of diversion to supplement <br />another augmentation plan. <br /> <br />The subject development consists of Filing Nos. 3, 4, and 5. Water is currently supplied to Filing <br />Nos. 3 and 4 through three wells and a central water distribution system. Filing No.5 is served <br />primarily by individual wells. Numerous homes have been constructed in Filing 3 and 4 in recent <br />years, while the construction of new homes in Filing 5 has remained relatively constant. <br />Anticipating inadequate water supply to meet water demand at build-out, Mesa Antero Water <br />Association proposes to drill three additional wells to supplement the existing supply for Filing <br />Nos. 3 and 4. The augmentation credits subject to this application were adjudicated in case no. <br />88CW66 for Mesa Antero filing No.5. These credits are located downstream of the historic <br />headgate of the Ehrhart-Bertschey Ditch, which is the source of consumptive use water used to <br />make up depletions. Applicant proposes to move the credits upstream approximately 1 mile to <br />Mesa Antero Filing Nos. 3 and 4 to augment the three additional wells. Wastewater return flows <br />are through individual septic systems, which generally accrue downstream of the points of <br />diversion. <br /> <br />The Board holds an instream flow right in Browns Creek for 5 cfs, summer, and 3 cfs, winter, <br />with an appropriation date of July 9, 1975, which could be injured by this application. <br /> <br />Stioulation <br /> <br />At the time staff filed the statement of opposition in this case, the concern was that the new wells <br />might deplete Browns Creek up to full diversion amount, at least in the stream reach between the <br />points of diversion and points of return flow. Since then, Applicant's engineer has provided data <br />and other infonnation that indicate there is no hydraulic connection between water in Browns <br />Creek and the local ground water table and concluded that the operation of Applicant's wells will <br />not impact the Board's instrearn flow right on Browns Creek. Subsequent to in-house review of <br />this analysis, staff forwarded the information received from Applicant's engineer to experts at the <br />SEO for their opinion. The SEO staff concluded that based on the information provided by the <br />Applicant's engineer, the three wells might not affect the Browns Creek streamflows. <br /> <br />Applicant has agreed to include a specific term in the decree for this case, indicating that the <br />operation of these wells under the proposed pIan for augmentation will not affect the instream <br />flow right owned by the Board. Staff and the Attorney General agree that evidence provided by <br />