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<br />- <br /> <br /> <br />Applicant proposes to divert water from new junior diversions on the Blue River, Applicant has <br />augmentation sources on the Blue River. The Board holds the following instream flow rights that could be . <br />injured by this application: e <br /> <br />Case No. Stream Amount:(cfs) Appropriation Date <br />5-86CW204 Blue River ~0/10 3/14/86 <br />, <br />5-86CW2l7 Blue River 32/16 3/14/86 <br /> <br />Applicant has agreed to the following terms and conditions that will provide full protection for the <br />Board's instream flow water rights on the Blue River:' <br /> <br />. Applicant will use Vidler storage water to augmet).t depletions from September 15 through May 15 <br />of each year. Applicant will comply with all of the conditions of using Vidler water under the <br />CWCB-VidlerMOA. ' <br />. At times when the CWCB's instream flow water rights in the above-referenced decrees are not <br />satisfied between May 16 and September 14, Applicant will augment its depletions, in time, place <br />and location. <br />. Pursuant to 937-92-502(5), Applicant will in~tall, maintain and monitor at locations determined by <br />the Division Engineer, and at Applicant's eXDenSe, such measuring devices deemed necessary by the <br />Division Engineer to administer the terms of this decree, <br /> <br />(3) Case No. 5-95CW202; Elk Valley Estates <br /> <br />The Board ratified the statement of opposition filed in this case at its January 24-25, 1996, meeting. The <br />Board has instream flow water rights on Tenmile Creek that may have been injured by this applicatioA <br />The Board's main objective in filing a statement of opposition in this case was to assure that the Applic~ <br />did not divert water under its junior water rights at times when the Board's instream flow rights on Tenmile <br />Creek were not being satisfied, unless the Town provided upstream augmentation water to, replace its <br />depletions in time, place, and amount. The Staff, in : cooperation with the Attorney General's Office, has <br />negotiated a settlement that fully protects the Board's instream flow water rights. <br /> <br />The Board holds the following instream flow rights that could have been injured by this application: <br /> <br />Case No. <br />5-90CW281 <br /> <br />Stream <br />Tenmile Creek <br /> <br />Amount (cfs) <br />,75 (4/1-8/31).5 (9/1-3/31) <br /> <br />Appropriation Date <br />11/27/1990 <br /> <br />The Applicant has agreed to the following terms an~ conditions that are fully protective ofthe CWCB's <br />instream flow water rights: : <br /> <br />. The Applicant recognizes that the Elk VaHey Well No.1 is junior to the CWCB's instream flow <br />water right on Tenmile Creek, identified above.' Thus, at any time when the CWCB's instream flow <br />on Tenmile Creek is not satisfied, as decreed it). Case No. 90CW281, the Applicant will replace its <br />depletions in time and amount, at or upstream frpm where the depletions impact Tenmile Creek. <br />. The Applicant recognizes that the Elk VaHey Well No, 2 is junior to the CWCB's instream flow <br />water right on Tenmile Creek identified above! Because Well No.2 is located within 100 feet of <br />Tenmile Creek, this diversion shall be treated 4s a headgate, capable of curtailment. Similarly, the <br />Elk Valley Gallery is a surface diversion that will not cause lagged effects, Thus, at times when tIA <br />CWCB's instream flow on Tenmile Creek is not satisfied, as decreed in Case No. 90CW281, ~ <br />Applicant will either curtail its diversion from Well No.2 and the Elk valley Gallery, or will replace <br />