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<br />-- <br /> <br />t <br /> <br />. <br /> <br /> <br />Stream and Lake Protection Program <br />Summary of Resolved Cases <br /> <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 <br />interference and does not involve a modification, or acceptance of injury or interference with <br />mitigation, the Board is not required to review and ratify the pretrial resolution, Staff may <br />authorize its counsel to sign any court documents necessary to finalize this type of pretrial <br />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 />(I) Case Nos. 1-02CW379; City of Golden <br /> <br />The Board ratified this statement of opposition in March 2003, The Board's main objective in filing <br />a statement of opposition in this case was to assure that the Applicant replaced its depletions in time, <br />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 />l-87CW276 <br /> <br />Stream <br />West Fork Clear Creek <br /> <br />Amount (cfs) <br />11/5 <br /> <br />Appropriation Date <br />12/11/1987 <br /> <br />The Applicant has agreed to the following terms and conditions that will provide full protection <br />for the Board's instream flow water rights on the West Fork of Clear Creek: <br /> <br />. The Applicant will not operate the augmentation plan at times and to the extent that the flow <br />of West Clear Creek downstream of Golden's diversion is less than the amounts decreed to <br />the CWCB in Case No, l-87CW276, <br />. The Applicant will install, maintain, and monitor such measuring devices as may be <br />required by the State and Division engineer to administer the terms of the decree, <br /> <br />(2) Case No. 2-01CWtS6j CSU Board of Agriculture/CSU <br /> <br />The Board ratified the statement of opposition filed in this case at its March 2003 meeting, The <br />Applicant sought a sought a water right that may have violated the statutory provision that only the <br />CWCB may adjudicate instream flows, The Applicant sought, and the Court awarded, a motion <br />to dismiss this application, <br /> <br />- <br />