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<br />Resolved Instream Flow Cases
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<br />Case No. 1-96CWII17; Coors, Thornton, Golden: The Board ratified the statement of
<br />opposition filed in this case at its March 20-21, 1997, meeting. This is an application for a change of water rights and
<br />appropriative rights of substitution and exchange on the South Platte River, Clear Creek, West Fork Clear Creek, and
<br />Woods Creek near the Town of Empire in Clear Creek County (see attached map). Pursuant to an agreement between
<br />Golden and Coors entered into on May 23, 1988, Golden intends to exchange up to 900 acre-feet of water per year from
<br />several sources on Clear Creek upstream to various points along West Fork Clear Creek and Woods Creek. These points
<br />include Golden Reservoirs 1,2 & 3, Lindstrom No.2 Ditch, Golden Dam and Pipeline, and Urad Reservoirs. Golden
<br />claims a priority date of April 2, 1987 for the proposed exchanges.
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<br />The Board holds an instream flow right on West Fork Clear Creek for II cfs. summer, and 5 cfs, winter, with
<br />an appropriation date of December II, 1987, which could be injured by this application.
<br />
<br />Stioulation
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<br />Applicants have agreed to the following terms and conditions, which will provide full protection for the Board's
<br />instream flow water rights on West Fork Clear Creek.
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<br />o Applicants shall divert and/or store the subject water rights at Golden Reservoirs 1,2 & 3 (Guanella Reservoir),
<br />Lindstrom No.2 Ditch, Golden Dam and Pipeline, and Urad Reservoirs, whether by change of water rights or
<br />exchange, only during the times that the Board's water right decreed in Case No. 87CW276 is being satisfied.
<br />Said diversions and storage shall not be allowed if they would cause the flow in West Fork Clear Creek to fall
<br />bellow 11 cfs during the period of April 1 through October 31 and 5 cfs during the period of November I
<br />through March 31, the amount of the Board's instream flow water right.
<br />
<br />o Pursuant to C.R.S. Section 37-92-502(5), and upon order of the state or division engineers, Applicants shall
<br />install and maintain at their own expense meters, gages or other measuring devices as necessary to administer
<br />the terms of the decree. The state engineer or its duly authorized assistants and staff shall have access to such
<br />measuring device(s) at reasonable times in order to make readings therefrom for administration purposes.
<br />
<br />Case No. 5-96CW055; Wilhelm: The Board holds an instream flow water right on the Roaring Fork River for
<br />55 cfs, summer, and 30 cfs, winter, with an appropriation date of November 8, 1985, which could have been injured
<br />by this application. The Board ratified the Statement of Opposition filed in this case at its meeting in May 1996.
<br />
<br />The applicant sought approval for an augmentation plan including appropriative exchange on the Roaring Fork
<br />River near Basalt in Pitkin County (see attached map). Applicant is developing an eighteen-hole championship golf
<br />course, a driving range, a clubhouse building, twelve lodging units, a pro shop, a maintenance facility, ten auxiliary
<br />residential units and 45 single family cabins. Applicant proposes to augment out-of-priority depletions at the junior
<br />RFC Wells and RFC Ponds with irrigation consumptive use credits from the dry up oflands historically irrigated
<br />under the John Cerise, Grace Shehi, Kester, Red Rock Bluff, and Alexis-Arbaney Ditches or with releases of water
<br />stored in Ruedi Reservoir. Applicant seeks a December II, 1995, exchange date in connection with this plan for
<br />augmentation.
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<br />Stipulation
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<br />Applicant has agreed to the following tenns and conditions that will provide full protection for the Board's
<br />instream flow water right on the Roaring Fork River.
<br />
<br />o Applicant agrees to curtail its out-of-priority diversions... within this plan for augmentation at anytime that the
<br />CWCB's Roaring Fork River instream flow water right...is not being satisfied immediately below the
<br />Applicant's diversion structure(s), unless said out-of-priority diversions are replaced at or upstream of said
<br />diversion structures. The CWCB and the Applicant agree that the Applicant shall have the right to place a call
<br />with the Division Engineer for its own junior water rights.
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<br />o Applicant agrees to curtail its December II, 1995, appropriative exchange at times when the CWCB Roaring
<br />Fork River instream flow water right... is not being satisfied within the exchange reach. The CWCB and the
<br />Applicant agree that the Applicant shall have the right to place a call with the Division Engineer for its 1995-
<br />exchange right.
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