BOARD00949

• Board Meeting Date: 5/21/2001
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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Applicant from diverting water out of priority at the new junior points of diversion at times when the Board's
instream flow rights on Spruce Creek and on the Blue River are not being satisfied. The Staff, in cooperation with
the Attorney General's Office, has negotiated a settlement that fully protects the Board's instream flow water
rights.

Applicant proposes to divert water from new junior diversions on the Blue River. Applicant has
augmentation sources both on Spruce Creek and upstream on the Blue River.

The Board holds the following instream flow rights that couId be injured by this application:

Case No.
5-85CW627
5-87CW299

Stream
Spruce Creek
Blue River

Amount (cfs) Appropriation Date
.5 11/8/85
60 (5/1-7/15) 85 (7116-4/30) 10/2/87

Applicant has agreed to the following tenns and conditions that will provide full protection for the
Board's instream flow water rights on Spruce Creek and on the Blue River:

· Applicant will only divert water its junior points of diversion on Spruce Creek ("the Blue Valley Ranch
North Spruce Creek Diversion") when the CWeB's instream flows on Spruce Creek, identified above, are
satisfied, or if the applicant provides adequate augmentation water at or above the location where the
depletions impact the river system.

· Applicant will only divert at its junior surface points of diversion on the Blue River ("the Blue Valley
Sumps and the Eagle Pass Ranch Springs") when the ewCB's instream flows on the Blue River,
identified above, are satisfied, or if the applicant provides adequate augmentation water at or above the
location where the depletions impact the river system.

· Applicant shall provide augmentation water to the Blue River, in time; place, and amount, to replace the
depletions associated with its junior groundwater points of diversion on the Blue River ("the Blue Valley
Wells").

· Pursuant to g37-92-502(5), Applicant shall 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 tenns of this decree.

(3) Case No. 2-95CW191; ffightower

The Board ratified the statement of opposition filed in this case at its January 24-25, 1996, meeting. The
Board has instream flow water rights on Bear Creek that could have been injured by this application. The
Board's main objective in filing a statement of opposition in this case was to prevent the Applicant from diverting
water at the new upstream point of diversion at times when the Board's instream flow rights are not being satisfied,
and to prevent expansion of this water right. The Staff, in cooperation with the Attorney General's Office, has
negotiated a settlement that fully protects the Board's instream flow water rights.

Applicant proposes to change his water right so that he may divert his water at an alternate point of
diversion, upstream from its current diversion point, on Bear Creek.

The Board holds the following instream flow rights that could be injured by this application:

Case No.
2-80CW72

Stream
Bear Creek

Amount (cfs) Appropriation Date
10 5/7/80

Applicant has historically diverted this water at the alternate point of diversion sought in this decree.
ill addition, the Applicant has agreed to the following tenns and conditions that will provide full protection for
the Board's instream flow water rights on Bear Creek:

· The sum of the Applicant's diversions at both the original point of diversion and the alternate point of
diversion must be limited to the historic diversion at the original point of diversion in both flow rate and
volumes.

· Use of the alternate point of diversion may only Occur when water is physically and legally available at the
original point of diversion.

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