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<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: (J03) 866-3441 <br /> <br />M <br /> <br />o <br /> <br />STATE OF COLOR.ADO' <br />O. <br /> <br />N <br /> <br />D <br /> <br />U <br /> <br />M <br /> <br />M <br /> <br />E <br /> <br />R <br /> <br />A <br /> <br />FROM: <br /> <br />Bill McDonald, Director <br /> <br />Richard D. lamm <br />Governor <br />J. William McDonald <br />Director <br />David W. Walker <br />Deputy Director <br /> <br />TO: <br /> <br />Members, CWCB <br /> <br />DATE: <br /> <br />January 7, 1985 <br /> <br />SUBJECT: Agenda Item 9b, January 14-15, 1985, Board Meeting-- <br />Ratify Stipulations <br />Case No. 1-82CW305, city of Louisville <br /> <br />Background <br /> <br />In 1982, the City of Louisville filed an application <br />requesting a change in points of diversion and use of the <br />City's interest in South Boulder and Enterprise Ditches. <br />The proposed change entails transferring 4.06 cfs from <br />points downstream of the Board's instream flow reach to <br />three locations upstream of Eldorado Springs within the <br />instream flow reach. Once decreed, the changed water right tt <br />will bear a very senior priority date (1865), and could <br />potentially injure the lower 5.5 miles of the Board's <br />instream flow reach. <br /> <br />At the Board's request, an Entry of Appearance was <br />filed in this case in June, 1983. <br /> <br />Staff Action <br /> <br />An agreement has been reached between CWCB staff and <br />the City of Louisville which adequately protects the Board's <br />water rights. The City haG included language in paragraph <br />15J of the proposed decree which effectively subordinates <br />the changed water right to the Board's instream flow right <br />on South Boulder Creek. <br /> <br />A copy of the proposed stipulation is attached for your <br />information. <br /> <br />Staff Recommendation <br /> <br />It is recommended that the Board ratify the proposed <br />stipulation and authorize the staff to maintain the Entry of <br />Appearance until such time as a stipulated decree is <br />executed. <br /> <br />. <br /> <br />JWM/gI <br />Attachment <br /> <br />216 <br />ai/9b <br />