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<br />-.. ......... .-' <br /> <br />. <br /> <br />COLORADO WATER CONSERVATION BOARD <br />Department of Natural Resources <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Phone' (303) 866-3441 <br /> <br />MEMORANDUM <br /> <br />STATE OF COLORADO <br />- <br /> <br />TO: <br /> <br />Members, CWCB <br /> <br />Roy Romer <br />Governor <br />I. William McDonald <br />Director <br />David W. Walker <br />Deputy Director <br /> <br />FROM: <br /> <br />Bi 11 McDonald <br /> <br />DATE: September 13, 1988 <br /> <br />SUBJECT: Agenda Item 14a, September 22-23. 198B Board Meeting-- <br />Stipulations Concerning Instream Flow Water Rights <br />Case No. 1-85CW330; F.R.I.CO. <br /> <br />Case Summary <br /> <br />. <br /> <br />The Farmers Reservoir and Irrigation Company (FRICO) <br />proposes to change the place of storage for 80.81 AF of water <br />historically stored in its Section 19 reservoir to their <br />Marshall Lake facility. Historically, water for FRICO's <br />Section 19 reservoir was diverted through the Community Ditch <br />from either South Boulder Creek. Coal Creek. Rock Creek, or any <br />combination of these three streams. Under the proposed change <br />water would be diverted solely from South Boulder Creek. <br /> <br />The Board holds an instream flow decree on South Boulder <br />Creek for 15 cfs between May 1 and September 30 and for 2 cfs <br />between October 1 and April 30 from the stream gage above <br />Eldorado Springs to South Boulder Road (7.7 miles). This right <br />was decreed in Case BOCW379. Furthermore, this instream flow <br />right often experiences significant shortages in the late fall <br />and early spring when diversions by FRICO at the Community <br />Ditch are heavy and the Board's right is out of priority. <br /> <br />The staff filed a statement of opposition to Case 85CW330 <br />on January 30, 19B6. to limit the amount of water transferred <br />to that which the applicant could prove it had historically <br />stored and applied to beneficial use from South Boulder Creek. <br />The Board ratified the statement of opposition in Case 85CW330 <br />to its March 13-14, 1986 meeting. <br /> <br />A referee's hearing was held on August 10, 1988, at which <br />the referee ruled that 40 AF of the right had been historically <br />used and therefore could be stored in Marshall Lake Reservoir. <br />This alternate point of storage for Section 19 water was <br />granted based on a one time use during the last three years. <br /> <br />. <br /> <br />8074E <br />