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<br />.>1 <br /> <br />eJ <br /> <br />.' <br /> <br />(4) Case No. S-OlCWI23; Squaw Creek Metropolitan District <br /> <br />The Board ratified the statement of opposition filed in this case at its July 200 I meeting. The <br />Board's main objective in filing a statement of opposition in this case was to assure that the Applicant did <br />not divert its changed water rights at upstream points of diversion when the CWCB's intervening instream <br />flow water rights are not satisfied. The Staff, in cooperation with the Attorney General's Office, has <br />negotiated a settlement that fully protects the Board's instream flow water rights. <br /> <br />The Board holds the following instream flow rights, which could have been injured by this <br />application: <br /> <br />Case No. <br />5-80CW126 <br />5-80CW124 <br />5-80CW134 <br /> <br />Stream <br />Eagle River <br />Eagle River <br />Eagle River <br /> <br />Appropriation Date <br />3/17/1980 <br />3/17/1980 <br />3/17/1980 <br /> <br />Amount (cfs) <br />11 0/45 <br />130/50 <br />85/35 <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 />. Applicant will curtail diversions at the alternate point of diversion at times when the CWCB's <br />instream flow, water rights are not being satisfied and the Applicant has notice or actual <br />knowledge that such instream flow water rights are not being satisfied. <br />. The Applicant also has agreed to install, maintain, and monitor such measuring devices as may <br />be required by the State and Division engineer to administer the terms of the decree. <br /> <br />(S) Case No. S-02CW83; United States of America's Protest to the Abandonment List <br /> <br />The Board ratified the statement of opposition filed in this case at its July 2002 meeting. The <br />Board's main objective in filing a statement of opposition in this case was to assist the Applicant in <br />removing certain water rights from the abaudonment list. The United States was in the process of <br />donating these water rights to the CWCB and abandonment was not proper in this instance. The Staff, in <br />cooperation with the Attorney General's Office, has negotiated a settlement that fully protects the Board's <br />instream flow water rights. <br /> <br />The State and Division Engineer has removed the subject water rights from the abandonment list <br />under the condition that the CWCB and the United States file a change of water rights application within <br />the next two years. <br /> <br />(6) Case No. 2-98CWI73; City of Aurora and the Lake County Commissioners <br /> <br />The Board ratified the statement of opposition filed in this case at its March 1999 meeting. The <br />Board's main objective in filing a statement of opposition in this case was to assure that the Applicant <br />replaced its depletions in the same time, place, and amount at which they occur and to assure that any <br />diversion of water rights at upstream points of diversion would only occur when the CWCB's intervening <br />instream flow water rights were satisfied. The Staff, in cooperation with the Attorney General's Office, <br />has negotiated a settlement that fully protects the Board's instream flow water rights. <br /> <br />28 <br />