BOARD01318

• Board Meeting Date: 9/13/2005
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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CWCB Case Stream/Lake Amount Approp. Date Watershed County
No, (ers)
5-80CW124 Eagle River 130/50 10/2/87 Eagle River Eagle
5-95CW290 Egeria Creek 8/6 11/6/95 Egeria Creek Routt

The CWCB and the Applicants have agreed to the entry of a decree that will prevent injury to the Board's
[SF water rights on the Eagle River and Egeria Creek. The Applicants have agreed to the following terms
and conditions:

. Applicant's exchanges will be operated and administered according to their decreed priority dates.
. The decree contains terms and conditions to ensure no expansion of use of the changed water rights.
. The decree contains standard measuring device and reporting language and provides that the
augmentation plan is subject to section 37-92-305(8), CR.S.

(2) Case No. 5-03CW205: Application ofVaH Associates, Inc.

The Board ratified this statement of opposition at its March 2004 meeting. The Board's main objective in
filing the statement of opposition was to ensure that the Applicant would replace injurious depletions in time,
place, and amount under its proposed plans for augmentation. The application sought to add snowmaking
return flows as an additional source of augmentation water to two decreed augmentation plans. 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 rights that could have been injured by this application:

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CWCB Case Stream/Lake Amount Approp. Date Watershed Couuty
No. (cfs)
5-80CW134 Eagle River 85/35 3/17/80 Eagle River Eagle
5-80CW126 Eagle River 11 0/45 3/17/80 Eagle River Eagle
5-80CW124 Eagle River 130/50 3/17/80 Eagle River Eagle

The CWCB and the Applicants have agreed to the entry of a decree that will prevent injury to the Board's
ISF water rights on the Eagle River. The Applicants have agreed to the following terms and conditions:

. The availability of snowmaking return flows for use as augmentation water and depletion
assumptions shall be determined in accordance with previous decrees.
. The diversion rates and volumetric limits of use of the snowmaking return flows are subject to the
limitations already established in previous decrees.
. The decree contains standard measuring device and reporting language and provides that the
augmentation plan is subject to section 37-92-305(8), C.R.S.

Decreed New Appropriations: Stream and Lake Protection Section: -The following
instream flow appropriations have been decreed by the Water Courts:

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Canyon Creek 5-03CW264
Thomas Creek 5-03CW273
Ford Creek 3-03CW037
Texas Creek 2-98CW149
Four Mile Creek 2-04CW083

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