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Last modified
8/16/2009 2:59:33 PM
Creation date
10/4/2006 6:52:09 AM
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Board Meetings
Board Meeting Date
11/16/2004
Description
CWCB Director's Report
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />Stream and Lake Protection Program <br />Summary of Resolved Cases <br /> <br />Section 9.41 of the ISF Rules states that: <br /> <br />"In the event the pretrial resolution includes terms and conditions preventing injury or interference and <br />does not involve a modification, or acceptance of injury or interference with mitigation, the Board is <br />not required to review and ratify the pretrial resolution. Staff may authorize its counsel to sign any <br />court documents necessary to finalize this type of pretrial resolution without Board ratification." <br /> <br />Staff has resolved issues of potential injury in the following water court case and authorized the <br />Attorney General's Office to enter into stipulations that protect the CWCB's water rights: <br /> <br />(1) Case Nos. 4-91CW127 and 4-98CW239; San Miguel Valley Corporation <br />The Board ratified these statements of opposition on February 21, 1992 and March 29, 1999, respectively. <br />The Board's main objective in filing the statements of opposition in these cases was to assure that the <br />Applicant did not divert this senior water right at the upstream alternate point of diversion at times when <br />the CWCB's intervening instream flow water rights were not being satisfied and to assure that injurious <br />depletions were replaced in time, place, and amount. The Staff, in cooperation with the Attorney <br />General's Office, has negotiated settlements to assure that the CWCB's instream flow water rights will not <br />be injured. <br /> <br />The Board holds the following instream flow rights that could have been injured by these applications: <br /> <br />. <br /> <br />Case No. <br />4-84CW430 <br />4-84CW427 <br />4-84CW429 <br /> <br />Stream <br />Deep Creek <br />San Miguel River <br />San Miguel River <br /> <br />Amount (cfs) <br />4 <br />6.5 <br />20 <br /> <br />Appropriation Date <br />7/13/1984 <br />7/13/1984 <br />7/13/1984 <br /> <br />The Applicant has agreed to include the following terms in the final decree: <br />. At times when the CWCB's instream flow water rights on the intervening reaches between the <br />original point and the new point of diversion are not satisfied, Applicant agrees not to divert at <br />the upstream points of diversion. <br />. The Applicant will limit diversions at the new points of diversion to the amount that is <br />physically and legally available at the original point of diversion. <br />. At times when the CWCB's water rights are not satisfied, Applicant agrees to curtail its junior <br />diversion or augment injurious depletions in time, place and amount. <br />. The Applicant will install, maintain, and monitor such measuring devices as may be required <br />by the Division Engineer to administer the terms of the decree. <br /> <br />(2) Case No. 4-03CW248; Vickers Enterprises, Inc. <br />The Board ratified this statement of opposition in March 2004. The Board's main objective in filing a <br />statement of opposition in this case was to assure that the Applicant replaced its injurious depletions in <br />time, place, and amount. The Staff, in cooperation with the Attorney General's Office, has negotiated a <br />settlement that assures that the CWCB's instream flow water rights will not be injured. <br /> <br />. The Board holds the following instream flow rights that could have been injured by this application: <br /> <br />Case No. <br /> <br />Stream <br /> <br />Amount (cfs) <br /> <br />Appropriation Date <br />
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