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<br />(3) Case No. 5-01CW176; Tabernash Water and Sanitation District <br /> <br />. <br /> <br />The Board ratified the statement of opposition filed in this case at its November 2001 meeting, The <br />Board's main objective in filing a statement of opposition in this case was to assure that the <br />Applicant's change of water rights did not result in an expansion of its water rights, and to assure <br />that any out-of-priority depletions are replaced in time, place, and amount. The Staff, in <br />cooperation with the Attorney General's Office, has negotiated a settlement that fully protects the <br />Board's instream flow water rights, <br /> <br />The Board holds the following instream flow water rights in the Fraser River watershed that could <br />have been injured by this application: <br /> <br />Case No, <br />5-90CW293A <br />5-90CW308 <br /> <br />Stream <br />Pole Creek <br />Fraser River <br /> <br />Amount (cfs) <br />,5/3/2/1,5/1 <br />11/17 <br /> <br />Appropriation Date <br />11/27/1990 <br />11/27/1990 <br /> <br />The Applicant has agreed to the following terms and conditions that are fully protective of the <br />CWCB's instream flow water rights: <br /> <br />. At times when the CWCB's instrearn flow water rights are not satisfied, Applicant agrees <br />to replace all out-of-priority depletions with upstream sources, in the same time, place, <br />and amount. <br />. At such times when the CWCB's instream flow water rights are not being satisfied on . <br />Pole Creek, Applicant agrees to replace post-pumping depletions with upstream sources <br />in the same time, place, and amount as the depletions. <br />. The Applicant also has agreed to install, maintain, and monitor such measuring devices <br />as may be required by the State and Division engineer to administer the terms of the <br />decree, <br /> <br />(4) Case No. 5-01CW357j Maryvale Commercial Metropolitan District <br /> <br />The Board ratified the statement of opposition filed in this case at its March 2002 meeting, The <br />Board's main objective in filing a statement of opposition in this case was to assure that the <br />Applicant did not divert its changed water rights at an upstream point of diversion when the <br />CWCB's intervening instream flow water right was not satisfied. The Staff, in cooperation with the <br />Attorney General's Office, has negotiated a settlement that fully protects the Board's instream flow <br />water rights, <br /> <br />· The Board holds the following instream flow right on the Fraser River that could have been <br />injured by this application, The Applicant has withdrawn the change portion of this <br />application and is only seeking a junior appropriative right of exchange that will not <br />injure the Board's instream flow water rights on the Fraser River. <br /> <br /> <br />4 <br />