BOARD01367

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

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Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that fully
protects the Board's instream flow water right.

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

Case No,
5-80CW124

Amount (cfs)
50/130

Appropriation Date
3/17/1980

Stream
Eagle River

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

. The Applicant has agreed that at times when the CWCB' instream flow water right is not
being satisfied, the Applicant will curtail its surface diversions or replace the depletions
in time and amount, upstream from where the depletions impact the river system,
. The Applicant has agreed that at times when the CWCB' instream flow water right is not
being satisfied, the Applicant will replace the depletions from wells 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,

(8) Case No. 4-02CW399; Fred Boyle and Megan Phillips

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's change of water rights did not injure the Board's instream flow water right by diverting
at an upstream point of diversion, 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 that could have been injured by this application:

Case No,
5-86CW226

Stream
Plateau Creek

Appropriation Date
3/14/1986

Amount (cfs)
16

The Applicant has amended the application such that there is no longer an related to diverting
senior water rights upstream at alternate points of diversion, As such, the Board has agreed to
the entry of a decree,

(9) Case No. 5-03CW32; James Collins

The Board ratified the statement of opposition filed in this case at its May 2003 meeting,
The Board's main objective in filing a statement of opposition in this case was to assure that when
the CWCB's instream flow water rights on the Roaring Fork River is not satisfied, the Applicant
will replace its depletions in time, place, and amount. 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:

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