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<br />.- <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />"" <br /> <br />COLORADO WATER CONSERVATION BOARD <br />Department of Natural Resources <br />721 State Centennial Building <br />1 313 Sherman Street <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br /> <br />STATE OF COLORADO <br />o <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />Members. CWCB <br /> <br />Roy Romer <br />Governor <br />,. William McDonald <br />Director <br />David W. Walker <br />Deputy Director <br /> <br />FROM: Bill McDonald <br /> <br />DATE: September 13, 1988 <br /> <br />SUBJECT: Agenda Item 14c. September 22-23, 198B Board Meeting-- <br />Stipulations Concerning Instream Flow Water Rights <br />Case No. 5-85CW595; Mesa Ski Corporation <br />.' <br /> <br />Case Summary <br /> <br />The Board ratified the Statement of Opposition in Case No. <br />5-85CW595 at its March, 1986, meeting. The applicant is <br />proposing an augmentation plan, including exchange, to replace <br />out-of-priority depletions to Mesa Creek near the Town of Mesa <br />in Mesa County. Several augmentation sources have been <br />proposed which will provide direct augmentation to the Board's <br />instream flow right on Mesa Creek. However, the applicant has <br />also proposed an exchange which would allow it to make <br />augmentation releases to Coon Creek, an adjacent drainage. <br />Without adequate terms and conditions. this proposed exchange <br />could injure the Board's right on Mesa Creek. <br /> <br />Proposed Stipulation <br /> <br />To protect the Board's instream flow right, the applicant <br />has agreed not to operate the proposed Coon Creek exchange at <br />times when the Board's right is not being met (see attached <br />stipulation). <br /> <br />Staff Recommendation <br /> <br />The staff recommends that the Board approve the attached <br />stipulation with Mesa ski Corporation. <br /> <br />/bj <br /> <br />8098E <br />