BOARD00949

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

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· There shall be no increase in the irrigated area under the alternate point of diversion.

(4) Case No. 3-99CW31; Anderson

The Board ratified the statement of opposition fiied in this case at its May 22-23, 2000, meeting. The
Applicant sought a water right for Lime Creek for the following uses: "water wildlife, enhance area, protect .
the natural environment, stock fish, water range cattle.'! The Staff filed a statement of opposition because
Section 37-92-102(3), C.R.S. (1999) provides: "...no other person or entity [other than the CWCB] shall be
granted a decree adjudicating a right to water or inter~sts in water for instream flows in a stream channel
between specific points, ..., for any purpose whatsoever.;' The Staff, in cooperation with the Attorney General's
Office, has negotiated a settlement that fully protects the Board's in stream flow water rights.

The Applicant has agreed to the following terms ~nd conditions that addresses the Board's concerns:

. Applicant's decree is for .1 cfs, absolute for livestoc~ watering and wildlife watering.

(5) Case No. 5-00CW1S; VaU Mountain School

The Board ratified the statement of opposition filed in this case at its May 22-23, 2000, meeting.- The
Board has instream flow water rights on Sweetwater cteek 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 junior points of diversion at tin'1es when the Board's instrearn flow rights are not being
satisfied, and to assw-e that the augmentation plan wou19 replace out-of-priority depletions in time, place, and
amount. The Staff, in cooperation with the Attorney qeneral's Office, has negotiated a settlement that fully
protects the Board's instream flow water rights.

Applicant proposes to divert water from two new wells and from as surface diversion on Sweetwater
Creek into a new pond. The Applicant also proposes to augment out-of-priority diversions with releases from the
new pond, Ruedi Reservoir, and Wolford Mountain ReserVoir.

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

Case No.
5-80CW313

Stream
Sweetwater Creek

Amount (cfsi Appropriation Date
18! 5/7/1980

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The Applicant has agreed to the following term~ and conditions that will provide full protection for the
Board's in stream flow water rights on Sweetwater Creek:

. Applicant will only divert water under its junior priorities if the CWCB's instream flow water right on
Sweetwater Creek is satisfied or the Applicant is replacing the depletions, in time and place, at or upstream
from the place where the depletions impact the stream.
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. Applicant will operate the exchanges only when the~CWCB's instream flow water right on Sweetwater
Creek is satisfied. .

. Pursuant to 937-92-502(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 terms of this decree.

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