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<br />Stream and Lake Prot~ctlon Program <br />Summary of Resolved Cases <br /> <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 interference and <br />does not involve a modification, or acceptance of injury or interference with mitigation, the Board is <br />not required to review and ratify the pretrial resolution. , Staff may authorize its counsel to sign any <br />court documents necessary to finalize this type of pretrial resolution without Board ratification." <br /> <br />Staffhas 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 eWCB's water rights: <br />(1) Case Nos. 5-01CW287; Bruce D. Benson <br /> <br />The Board ratified this statement of opposition iti. May 2002. The Board's main objective in filing <br />a statement of opposition in this case was to prevent the Applicant from expanding its water rights and <br />from diverting out-of-priority without providing adequate augmentation water, in time and amount, <br />upstream of where the depletions impact Brush Creek and the Blue River. The Staff, in cooperation with <br />the Attorney General's Office, has negotiated a settlement that assures that the CWCB's instream flow <br />water rights will not be injured. ' <br /> <br />The Board holds the following instream flow, rights, which could have been injured by this <br />application: <br /> <br />Case No. <br />5-77CW3615 <br />5-87CW298 <br /> <br />Stream <br />Brush Creek <br />Blue River <br /> <br />Amount(cfs) <br />3 <br />125/90/80/90 <br /> <br />AOJlronriation Date <br />1/19/1977 <br />10/2/1987 <br /> <br />. <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 Brush Cr~ek and on the Blue River: <br /> <br />. The Applicant will not expand the historical p~ttern of use or the historical season of use of the <br />Saums Ditch water rights, and specifically the 'Applicant will not divert under the Saums Ditch <br />water rights during the non-irrigation season (November I-May 4). <br />. The Applicant seeks the right to divert and store water out-of-priority on a year-round basis in the <br />Benson Ranch Pond for the uses described aboye except that during the non-irrigation season the <br />Applicant seeks only to divert in priority vis-~-vis the eWCB's instream flow water rights on <br />Brush Creek. Additionally the Applicant will ~eplace out-of-priority depletions to the Blue River <br />as necessary by delivering water to the Blue Ri~er form the Benson Ranch Pond. <br />. The Applicant also has agreed to install, maintain, and monitor such measuring devices as may <br />be required by the State and Division enginee~ to administer the terms of the decree but nothing <br />in the decree will be deemed to modify the obligation of the CWCB to construct and maintain <br />at its expense suitable measuring devices or gauging stations as may be required pursuant to the <br />decrees in Case Nos. 5-77W3615 and 5-87C~298. <br /> <br />For the Board's information, the following article appeared in the Rocky Mountain News on April 28, <br />2003 regarding this case: . <br /> <br />. <br /> <br />25 <br />