BOARD01164

• Board Meeting Date: 3/21/2006
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

counsel to sign any court documents necessary to finalize this type of pretrial resolution without Board
ratification."

Staff has resolved issues of potential injury in the following water court cases and authorized the Attorney
General's Office to enter into stipulations that protect the CWCB's water rights:

(1) Case No. 4-98CW247: Application of Mountain Village Metropolitan District

The Board ratified this statement of opposition at its March 1999 meeting. The Board's main objective in
filing the statement of opposition in this case was to ensure that the Applicant's use of its changed water
rights and its plan for augmentation and exchange would not injure the Board's instream flow water rights on
the San Miguel River and South Fork San Miguel River. Staff, in cooperation with the Attorney General's
Office, has negotiated a settlement to ensure that the CWCB's instream flow water rights will not be injured.
The Board holds the following instream flow ("ISF") water rights that could have been injured by this
r

application:
CWCB Case StreamlLake . Amount Approp. Date Watershed County
No. (cfs)
4-84CW430 South Fork San Miguel 9 07/13/84 San Miguel San Miguel
River
4-84CW429 San Milruel River 20 07/13/84 San Miguel San Miguel

The CWCB and the Applicant have agreed to the entry of a decree that will prevent injury to the Board's
ISF water rights on the San Miguel River and South Fork San Miguel River. The Applicant has agreed to
the following terms and conditions:

. Applicant seeks to divert water out-of-priority on a year round basis from the Telco Well No.
3/5A8 First Enlargement ("Telco Well''). In connection with any out-of-priority diversion of
water under the junior ground water right by the Telco Well for all the claimed uses herein and to
use the water rights changed from the Agricultural Ditch to the Telco Well, at any time the
streamflow of the South Fork of the San Miguel River or the San Miguel River (downstream from
the diversion points for these ponds) is less than the amounts decreed to the CWCB in Case Nos.
84CW429 and 84CW430, Applicant agrees to replace all out-of-priority depletions and if
necessary, out-of-priority diversions in time and amount, upstream at the place where the
depletions or diversions impact the river system.
. The Applicant seeks to change the point of diversion for the Agricultural Ditch upstream on
Turkey Creek to the Wagner Ditch headgate. In order to prevent an expansion of use, the bypass
or diversion at the Wagner Ditch headgate of the interest in the Agricultural Ditch water right
changed by this Application shall be limited to 0.267 cfs, to be administered as described in
Exhibit C-2 to this Decree, with a maximum consumptive use credit of 8.565 acre feet available
for all uses under the change to both the Wagner Ditch and the Telco Well.
. The terms and conditions set forth in Case No. 98CWI7I regarding the fill, refill and use the
Skyfield Augmentation Ponds A-D designed to prevent injury to the CWCB's instream flow
water rights shall be binding on the Applicant, Mountain Village Metropolitan District, its heirs
and assigns.
. So as to assure the operation of the augmentation and exchange plan, Applicant will install and
maintain such water measuring devices, implement such accounting procedures, and provide such
calculations as may be required by the State or Division Engineer to administer the terms of this
decree. The Colorado Water Conservation Board shall have access to any such measuring
device(s) at reasonable times in order to make readings therefrom.
. The terms of this stipulation shall apply equally to any supplemental or replacement wells
required or desired by the Applicant for the Telco Well.

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