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<br />. <br /> <br />Memorandum <br />Agenda Item 14b <br />September 13. 198B <br /> <br />Case No. 85CW421. Notwithstanding. the Board agrees that <br />it will not seek to use any instream flow water right <br />decreed to it in Case No. 85CW421 to prevent or prohibit <br />Crystal from storing water pursuant to the terms and <br />conditions of Case No. W-92BB. <br /> <br />In Case No. 1-85CW426, the stipulation recognizes the <br />existence of two undecreed onstream ponds. A map attached to <br />the stipulation shows the location and approximate size of the <br />ponds: <br /> <br />Objector. Crystal, has an interest in maintaining two <br />existing beaver ponds within the Crystal Lakes sUbdivision, <br />Beaver Lake ,and Otter Pond, which are located on Panhandle <br />Creek. The Board seeks to establish an instream flow <br />water right which will include these two ponds. <br /> <br />. <br /> <br />The Board recognizes that Beaver Lake and Otter Pond are <br />facets of the existing environment which enhance the <br />riparian character of Panhandle Creek. Although these <br />ponds may cause inundation of some portion of the stream <br />segment included within the Board's application in Case <br />No. 85CW426, the Board agrees that it will not seek to use <br />any instream flow water right decreed to it in Case No. <br />85CW426 to prevent or prohibit the storage of water in <br />Beaver Lake and Otter Pond. <br /> <br />Proposed Stipulations with Red Feather <br /> <br />Red Feather objected to Case Nos. 1-85CW421. 424. and 433 <br />on the basis of an undecreed exchange to Mitchell Ditch. which <br />collects water from North Fork Lone Pine Creek and from <br />tributaries to South Fork Lone Pine Creek. They have provided <br />affidavits showing an historical exchange of 7 cfs from April <br />through November. This exchange is also the subject of Case <br />No. I-B5CW319. which, if decreed. will give Red Feather a year <br />round exchange right for 10 cfs which will be senior to the <br />Board's instream flows. In the attached stipulation. which is <br />the same for all three cases, the Board recognizes the historic <br />exchange of 7 cfs and that any exchange decreed in 1-85CW319 <br />will be senior to the instream flows. The stipulation also <br />states that the Board's rights are junior to 10 lake storage <br />rights in the area. <br /> <br />Staff Recommendation <br /> <br />. <br /> <br />The staff recommends that the Board approve the proposed <br />stipulations with Crystal Lakes Water and Sewer Association and <br />with Red Feather Storage and Irrigation Company. <br /> <br />Enclosure: as stated <br /> <br />~- <br /> <br />- <br />