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(3)
Case No. 4-97CW232; Relco Resources e

Case Summary

The Board ratified the statement of opposition filed in this case at its March 10-11, 1998, meeting.
This is an application for alternate points of diversion for ditches on Owl and Nate Creeks,
tributaries to the Uncompahgre River near Ridgway in Ouray County (see attached map). Applicant
seeks an alternate point of diversion for Nate Creek Ditch No. 1 to a point of diversion on Nate
Creek, approximately 2500 feet upstream of the original point. Applicant also seeks an upstream
altemate point of diversion for Owl Creek Ditch on Owl Creek, approximately 2000 feet upstream
of the original diversion point.

The Board holds the following instream flow decrees which could be injured by this application:

Case No.

Stream

Amount (cfs)

Aooroo. Date

4-84CW421
4-84CW422

Owl Creek
Nate Creek

1.5
2

05/04/1984
05/04/1984

Stioulation

Applicant has agreed to the following terms and conditions which will provide ful1 protection for _
the Board's instream flow water rights on Owl and Nate Creek. -

. Prior to May 4, 1984, Applicant historically diverted a total of 6.25 cfs of water decreed to
the Nate Creek Ditch No.1 upstream at the Bull FIats Ditch headgate for the irrigation of 125
acres ofland. In addition, Applicant historically diverted a total of 5.94 cfs of water decreed
to the Owl Creek Ditch upstream at the Upper Owl Creek Ditch headgate for the irrigation
of 150 acres ofland.

. Applicant agrees that, at times when the CWCB's Nate and Owl Creek water rights are not
being satisfied, Applicant will limit cumulative diversions under the adjudicated water rights,
at the original and alternate points of diversion, to the amounts of water historically diverted
prior to May 4, 1984. Applicant will also limit irrigation to the same acreage that was being
irrigated prior to May 4, 1984.

. Applicant agrees to install, maintain and monitor at locations determined by the Division
Engineer, and at Applicant's expense, such measuring devices deemed necessary by the
Division Engineer to administer the terms of this decree. The CWCB, the State and Division
Engineer and their agents shall have access to such measuring devices at reasonable times
in order to make readings therefrom.

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