BOARD01367

• Board Meeting Date: 3/16/2004
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

(5) Case No. 5-02CW348; Donald Brown

The Board ratified the statement of opposition filed in this case at its March 2003 meeting. The .
Board's main objective in filing a statement of opposition in this case was to assure that the
Applicant did not divert its changed water rights at an upstream point of diversion when the
CWCB's intervening instream flow water rights were not satisfied, The Staff, in cooperation with
the Attorney General's Office, has negotiated a settlement that fully protects the Board's instream
flow water rights,

The Board holds the following instream flow rights, which could have been injured by this
application:

Case No,
5-78W3704
5-77W3652H
5- 77W3652C

Stream
North Fork White River
North Fork White River
White River

Amount (cfs)
70
120
200

Appropriation Date
1/19/1978
11/15/1977
11115/1977

The Applicant has provided adequate documentation, and the State Engineer's Office has
confirmed that diversions at the alternate points of diversion were practices in existence at the
time of the CWCB's appropriation, and the instream flow water rights were subject to these
practices pursuant to Section 37-92-102(3)(b),

(6) Case No. 5-02CW388; Gypsum Partners

The Board ratified the statement of opposition filed in this case at its March 2003 meeting, .
The Board's main objective in filing a statcment of opposition in this case was to assure that the
Applicant replaced its depletions in the same time, place, and amount at which they occur, The
Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that fully
protects the Board's instream flow water rights,

The Board holds the following instream flow water rights, which could have been injured by
this application:

Case No,
5-80CW116
5-80CW124

Stream
Gypsum Creek
Eagle River

Amount (cfs)
6
50/130

Appropriation Date
3/17/1980
3117/1980

The Applicant has agreed to the following terms and conditions that are fully protective
ofthe CWCB's instream flow water rights:

· The Applicant has agreed that at times when the CWCB' instream flow water rights are
not being satisfied, the Applicant will curtail its diversions or replace the depletions in
time and amount, upstream from where the depletions impact the river system.
· The Applicant also has agreed to install, maintain, and monitor such measuring devices
as may be required by the State and Division engineer to administer the terms of the
decree,

(7) Case No. 5-02CW391; American Gypsum Company

.

The Board ratified the statement of opposition filed in this case at its March 2003 meeting,
The Board's main objective in filing a statement of opposition in this case was to assure that the
Applicant replaced its depletions in the same time, place, and amount at which they occur, The