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<br />, <br />!' <br /> <br />. <br />4- <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Phone, (3031 866-3441 <br />FAX, 0031 866-4474 <br /> <br />STATE OF COLOAADO <br /> <br />. <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />Greg E. Watcher <br />Executive Director. DNR <br /> <br />Peter H. Evans <br />Director, ewes <br /> <br />TO: <br /> <br />Members, Colorado Water Conservation Board <br /> <br />FROM: <br /> <br />Dan Merriman, Chief <br />Water Rights Investigations Section <br /> <br />DATE: <br /> <br />September 21, 1999 <br /> <br />SUBJECT: <br /> <br />Agenda Item 14f, September 27 -28, 1999, Board Meeting- <br />Instream Flow Program: Town of Basalt Request for De Minimis Finding <br />Case No. 5-90CW138 <br /> <br />Case Summary <br />Th~ Board ratified the Statement of Opposition filed in this case at its November 26-27, <br />1990, meeting, This is an application for change of water rights and approval of a plan for <br />augmentation on the Roaring Fork and Fryingpan Rivers near Basalt in Eagle and Pitkin <br />Counties (see attached map). Applicant requests alternate points of diversion for Basalt <br />Municipal Wells I through 5 at Basalt RE-I School District Well and Basalt Municipal <br />Wells 7 through 12_ Applicant also proposes a plan for augmentation that would replace <br />out-of-priority depletions from Basalt Wells 7 though 12 and Basalt RE-I School District <br />Well with conslirnptive use credits during the historic irrigation season and releases of <br />water stored in Ruedi Reservoir during the non-historic irrigation season. <br /> <br />The Board holds the following instream flow water rights that may be injured by this <br />application. <br />Case No. <br />5-73W1945 <br />5-85CW646 <br />5-85CW639 <br /> <br />Stream <br />Fryingpan River <br />Roaring Fork River <br />Roaring Fork River <br /> <br />Amount (cfs) <br />110/39 <br />55/30 <br />145/75 <br /> <br />Approp. Date <br />07/12/73 <br />11108/85 <br />11 /08/85 <br /> <br />Stipulation <br />Pursuant to Section 9.41 of the CWCB' s Rules and Regulations, the eWCB staff may only <br />enter into a pretrial resolution that prevents injury or interference to the Board's instream <br />flow water rights. In this case, the CWCB staff has offered terms and conditions that <br />would fully protect the Board's Fryingpan and Roaring Fork River instream flow water <br />rights. The Applicant's have agreed to all but one of the proposed terms and conditions. <br />