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<br />Stream and Lake Protection Program <br />Summary of Resolved Cases <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 />Staff has 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 CWCB' s water rights: <br /> <br />(1) Case Nos. 1-01CW289; Clear Creek School District <br />The Board ratified this statement of opposition on March 21, 2002. The Board's main objective in filing a <br />statement of opposition in this case was to assure that the Applicant did not divert this senior water right at <br />the upstream alternate point of diversion at times when the CWCB's intervening instream flow water right <br />was not being satisfied. The Staff, in cooperation with the Attorney General's Office, has negotiated a <br />settlement that assures that the CWCB's instream flow water rights will not be injured. <br /> <br />The Board holds the following instream flow rights that could have been injured by this application: <br /> <br />Case No. <br />1-87CW272 <br />1-87CW272A <br /> <br />Stream <br />Beaver Brook <br />Beaver Brook <br /> <br />Amount (cfs) AooJ'01)riation Date <br />.5 (4116-7/31) .25(8/1-4/15) 12/11/1987 <br />1.5 (4/16-7/31) 1(8/1-4/15) 12/11/1987 <br /> <br />The Applicant has provided sufficient evidence that the Applicant has diverted up to 5.4 acre-feet at <br />the new point of diversion since 1978, and therefore, the Board takes subject to the diversion of up to <br />5.4 acre-feet at the new point. The Applicant is also seeking divert up to 4.0 acre-feet of additional <br />water at the new point of diversion and the Applicant has agreed to only divert up to 4.0 acre-feet of its <br />senior water right at the upstream alternate point of diversion at times when the Board's intervening <br />instream flow water rights are satisfied. <br /> <br />(2) Case No.I-03CW270; Town of Lyons <br />The Board ratified this statement of opposition on November 19, 2003. The Board's main objective in <br />filing a statement of opposition in this case was to assure that the Applicant did not divert this senior water <br />right at the upstream alternate point of diversion at times when the CWCB's intervening instream flow <br />water right was not being satisfied. The Staff, in cooperation with the Attorney General's Office, has <br />negotiated a settlement that assures that the CWCB's instream flow water rights will not be injured. <br /> <br />The Board holds the following instream flow rights that could have been injured by this application: <br /> <br />Case No. <br />1-87CW282 <br />1-87CW283 <br /> <br />Stream <br />North St. Vrain <br />South St. Vrain <br /> <br />Amount (cfs) <br />8/21/14/8/3/6/4/3 <br />20/12/4 <br /> <br />Aooronriation Date <br />12/11/1987 <br />12/11/1987 <br /> <br />The Applicant has agreed to the following terms and conditions: <br />