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<br />. The court will retain jurisdiction for a period of five (5) years after 75 % of build out has occurred. <br /> <br />. (2) Case No. 7-99CW7: Application of Sherwood N. McGuigan <br /> <br />The Board ratified this statement of opposition at its July 1999 meeting. The Board's main objective in filing <br />the statement of opposition in this ca~ was to e!1SI.tre that the Applic!:L'1t's use ofher c}1~T!ged water rig.l1ts a.'1d <br />her plan for augmentation and exchange would not injure the Board's instream flow water rights on the <br />Florida River. Staff, in cooperation with the Attorney General's Office, has negotiated a settlement to ensure <br />that the CWCB's instream flow water rights will not be injured. <br /> <br />The Board holds the following instream flow ("ISF") water rights that could have been injured by this <br />application: <br /> <br />CWCB Case StreamILake Amount Approp. Date Watershed County <br />No. (cfs) <br />7-77W1763 Florida River 7/14 01119/1977 Animas La Plata <br /> <br />The CWCB and the Applicant have agreed to the entry of a decree that will prevent injury to the Board's <br />ISF water rights on the Florida. The Applicant has agreed to the following terms and conditions: <br /> <br />. <br /> <br />. The Applicant shall not divert any portion of its F-\3 water right into either McGuigan Pond No. I or <br />McGuigan Pond Area No.2 if such diversion will reduce the instream flow water right of the Colorado <br />Water Conservation Board as decreed in Case No. W-1763-77 below the decreed rights through that <br />reach of the stream along Applicant's property. <br />. To prevent an expansion of use, Applicant agrees to limit her diversion of the changed water rights at the <br />new points of diversion to the amount of water that is physically and legally available at the original <br />points of diversion. <br />. The decree contains standard measuring device and reporting language and provides that the State <br />Engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to <br />prevent injury to vested water rights. <br /> <br />(3) Case No, 5-04CW221: Application of Roaring Fork I, LLC <br /> <br />The Board ratified this statement of opposition at its March 2005 meeting. The Board's main objective in <br />filing the statement of opposition in this case was to ensure that the Applicants would replace out-of-priority <br />depletions in time, place, and amount under the proposed plan for augmentation. <br /> <br />The Board holds the following ISF right that could have been injured by this application: <br /> <br />CWCB Case StreamILake A~o~nt Approp. Watershed County <br />No. cfs Date <br />5-76W2948 Roarim, Fork River 32 1114/76 Roaring Fork River Pitkin <br />5-85CW646 Roarinll Fork River 55/30 11/08/85 Roaring Fork River Pitkin <br /> <br />The CWCB and the Applicant have agreed to the entry ofa decree that will prevent injury to the Board's <br />ISF water rights on the Roaring Fork River. The Applicant has agreed to the following terms and <br />conditions: <br /> <br />. <br /> <br />. Applicant acknowledges that the ewCB's instream flow water rights on the Roaring Fork River, <br />decreed in Case Nos. 76W2948 and 85CW646, are senior to the Bell Pump and Pipeline and Bell <br /> <br />33 <br />