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<br />· At times when the CWCB's instream flow water rights on the North St. Vrain and the South St. <br />Vrain are not satisfied, Applicant agrees not to divert at the upstream points of diversion. <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 />(3) Case No. S-03CW270; Climax Molybdenum Company <br />The Board ratified this statement of opposition on September 25, 2000. 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 />1-79CWI83 <br />1-79CWI85 <br /> <br />Stream <br />Williams Forlc River <br />Williams Fork River <br /> <br />Amount (cfs) <br />32/16 <br />38/19 <br /> <br />Am>roDriation Date <br />5/18/1979 <br />5/18/1979 <br /> <br />The Applicant argues that the existing decree permits it to divert at any of its decreed points of <br />diversion, however, that decree was only limited to certain uses within the Henderson Mine System, <br />including domestic uses to serve employees' needs. As such, the Board has agreed to recoguize the <br />existing decreed langnage as long as the Applicant also included the following terms and conditions: <br /> <br />· The Applicant has agreed tb~t water stored in the Henderson ~..1ill Taili.'8 Pond shall be used <br />pursuant to the same methods of operations and beneficial uses as described in and limited by <br />the W-528 decree. <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 />(4) Case No. S-OOCW282; Vail Associates and Beaver Creek Metropolitan District <br />The Board ratified this statement of opposition on March 26, 2000. 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 points of diversion at times when the CWCB's intervening instream flow water <br />right was not being satisfied and to assure that the Applicant replaced depletions in time, place and <br />amount. The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that <br />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 ~ured by this application: <br /> <br />Case No. <br />5-75W2719 <br /> <br />Stream <br />Beaver Creek <br /> <br />Amount (cfs) Ammmriation Date <br />12 (5/1-9/30) 4 (10/1-4/30) 5/1/1975 <br /> <br />The Applicant has agreed to the following terms and conditions: <br /> <br />· At times when the CWCB's instream flow water right on Beaver Creek is not satisfied, during <br />the non-irrigation season, the Applicant will not divert its water right at the upstream alternate <br />point of diversion. <br />