BOARD01612

• Board Meeting Date: 7/23/2001
• Description: ISF Section - Case No. 4-98CW96 John S. Hendricks
• Board Meetings - Doc Type: Memo

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Consent Agenda Item I b
Case No. 4--98CW96; John S. Hendricks

Application Summary
This is an application for water storage rights, surface water rights, a change of water rights, an
augmentation plan and an appropriative right of exchange. The Applicant's property is located on
West Creek near GatewllY (see attached map). The Applicant seeks to divert water from West
Creek into two off-channel reservoirs, the storage capacity of which are 7.5 acre-feet and 4.0 acre
feet. The Applicant seeks to use these reservoirs for irrigation, livestock water, wildlife water and
habitat, piscatorial, recreational, fire protection, and dust control purposes. The Applicant seeks a
surface diversion in the amount of 3.0 cfs to fIU these reservoirs. The Applicant also seeks to
change several of its water rights that are decreed for irrigation of 47 acres of land. SpecifIcaUy, the
Applicant seeks to: I) correct the decreed points of diversion to the actual point of diversion; 2)
increase the total acreage irrigated to 58 acres; and 3) change the decreed use from irrigation to
livestock water, wildlife water and habitat, piscatorial, recreational, fire protection, and dust control
purposes. The Applicant also seeks a plan for augmentation whereby the Applicant seeks to
augment the new storage water rights, surface diversion, and diversion for irrigation of additional
acres with consumptive use credits from the dry up of lands traditionaUy irrigated by the
Bartholomew and Hatch Ditch. FinaUy, the Applicant seeks an appropriative right of exchange
from the headgate of the Bartholomew and Hatch Ditch upstream to the new surface diversions.

CWCB A.ppropriations
The Board holds an instream flow water right on West Creek for 6 cfs year round, with an
appropriation date of January 19, 1977.

Potential for Injury

The Applicant's proposed change of water rights may allow the Applicant to expand the
consumptive use of its decreed water right and may aUow the Applicant to expand the season of use
of its decreed water right. In addition, the Applicant's augmentation plan and appropriative right of
exchange may injure the CWCB' s water rights by depleting West Creek several miles upstream of
where those depletions have traditionaUy occurred.

Other Objectors
Other objectors in this case include: Michael Olshove; Charles Chilton; and Victor Prosser.

L:\Section Folders\SECC\Case Files\200 1 \498CW96 _mem.doc