BOARD01516

• Board Meeting Date: 7/23/1991
• Description: Agenda or Table of Contents, Memos. Partial. No Minutes.
• Board Meetings - Doc Type: Meeting

.

JUL 15 '91 10:04 COLORADO DEPT OF LAW 303-8665001
....)

P.8/10

v

Alvin L. cohen
Case No. 88CW409
page 4

eonsiaerinq an aIllendment to the aaministrative priority ot the
elCchanqe decreed herein in a mannor consistent with any decree
entered in Case No. 88CW382 or consolidated Case Nos. 2782, 5016
and 50~7, U.S. District court, District of Colorado, Which
adjudicates or confirms a right of exchange decreed to the United
States. Applicant shall have six months from the date of cntry of
a final decoree, ot" trOll! the date of exhaustion of all appeals
relating to the federal litiqntion, whichever is later, in .which to
petition the Court to invoke its retainea jurisdiction under this
paragraph to reconsider the priority date of the subject plan for
augmentation and exchange.

.

12. Opposer, colorado Water conservation Board, is the owner
of nn instream flow wnter riqht on the Blue River decreed in Wnter
Division NO. S, case NO. 87CW297. The decreed instream tlow at the
Green Mountain Canal during' the irrig'ation season is 125 efe durinq
the period )lay ~ to AUqus:t 31 ana 90 efs aurinq the periOd
September 1 to October 31. This instream flolll watei:' riqht is
senior to the exchange decreed herein. Applicant shall not operate
the exchange decreed herein in a manner that will cause the flow of
the Blue River immeaiately downstream of the Green Mountain Canal
headgate to tall below the decreed minimum stream flows set forth
above. To provide for a means of administration of the exchange,
the applicant shall install and maintain, at its expense, a staf!
gauge on the Blue River at a location mutually agreeable to the
applicant, the Colorado Water Conservation Board and the Oivision
Engineer. _ The gauge shall then be rated by the Color(ldo Water
conservation Board at the Colorado water conservation Board 's
expenl!5e. Applicant shall monitor the qauqe to determine compliance
with this paragraph.

13. Applicant will install and operate such measurinq devices:
on the Green Mountain Canal and maintain such accountinq as mAY be
reasonably rcquired by the Oivision Eng'incer to prevent injury to
the vested or decreed conditional water rights of others.

14. So long as the terms and conditionS specified herein are
impol!5ed. the Referee findl!! that the operation of the plan for
aUg'lllentation and exchange decreed herein will not injuriously
affect any owner of or personl!! entitled to use water under a vested
water right or decreed conditional water rignt.

CONCLUSIONS OF LAW

~~. ~he court concludes tnat the application herein is one
contemplated by law and this Court has exclusive jurisdiction over
the subject matter of this proceeaing. S37-92-203, C.R.S.

.