BOARD01148

• Board Meeting Date: 1/12/1998
• Description: ISF Section - Statements of Opposition
• Board Meetings - Doc Type: Memo

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Agenda Item 16c
Case No. 2-97CW147; Mesa Antero

Application Summary

This is an application for groundwater rights, surface water rights, a change of an existing
plan of augmentation and a change in point of diversion on Brown's Creek in Chaffee
County (see attached map). Applicant seeks to move previously decreed wells and
augmentation credits, under an existing augmentation plan, upstream, to a new point of
diversion to be used to supplement another augmentation plan.

The augmentation credits subject to this application were adjudicated in case no.
88CW66 for Mesa Antero filing NO.5. These credits are located below the historic
headgate of the Ehrhart-Bertschey Ditch which is the source of consumptive use water
used to make up depletions. The applicant proposes moving the credits upstream
approximately 1 mile to Mesa Antero filing nos. 3 and 4. Wells are proposed to be
located along Brown's Creek above the development. Wastewater return flows are
through individual septic systems and will accrue below the development. Therefore the
wells will deplete Brown's Creek up to the full diversion amount from the upstream end
of the property to the point where return flows accrue. Augmentation water will accrue at
the original Ehrhart-Bertschey Ditch headgate below the development.

CWCB Appropriations

The Board holds an instream flow right in Brown's Creek for 5 cfs, summer, and 3 cfs,
winter, with an appropriation date of July 9, 1975, which could be injured by this
application.

Potential for Iniurv

The Applicant's proposed change in point of diversion may not replace depletions to
Browns Creek in the same amount, timing, or location at which they occur.

Other Obiectors

The other objectors in this case are the Tri-Lazy W Ranch and George and Jay Wilson.

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