BOARD01677

• Board Meeting Date: 7/26/1999
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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. At times when the CWCB's Roaring Fork River instream flow water right is not being satisfied immediately
below the Applicant's diversion s/ructure(s). Applicant agrees to: I) limit diversions into the on-site ponds
under their senior priorities to the amount of available excess consumptive use credits; and 2) replace. in time
and amount. all out-of-priority diversion in excess of said consumptive use credits at or upstream of said
diversion structures. .

. Applicant shall install and maintain such measuring devices. implement such accounting procedures. and supply
such calculations regarding the timing of depletions. as may be required by the Division Engineer.

Case No. 5-97CW053; Roaring Fork Club, LLC: The Board ratified the Statement of Opposition filed in this
case at its May 12-13. 1997. meeting. This is an application for change of water rights on the Roaring Fork River
and Snowmass Creek near Basalt in Pitkin County (see attached map). Applicant seeks alternate points of diversion
for the John Cerise Ditch. Red Rock Bluff Ditch. and Grace and Shehi Ditch at the RFC Ditch. In addition.
Applicant requests that the use of each of the above-referenced irrigation rights be changed to include golf course
irrigation, aesthetics, recreation, wildlife, piscatorial, fire protection and storage in several on.site ponds.

The Board holds an instream flow water right on the Roaring Fork River for 55 cfs. summer. and 30 cfs. winter.
with an appropriation date of November 8.1985. which may be injured by this application.

Stipulation

Applicant has agreed to the following teJ:llls and conditions that will provide full protection for the Board's
instream flow water right on the Roaring Fork River.

. Diversions at the new or alternate points shall not exceed the amounts legally and physically available for
diversion at the original points of diversion.

. For the changes to alternate points of diversion.... the amount of water diverted at either structure. individually
or cumulatively. by virtue of the alternate point of diversion. shall not exceed Applicant's respective interests in
. tho water rights at the original point of diversion.

. The iime of use of the changed water rights at the new or alternate points of diversion shall be limited to the
historic time of use of such rights. from may Ito October 31 of each year.

. Applicant agrees to curtail cumulative out-of-priority. ..diversions for irrigation purposes of its 3.0 cfs interest
in the John Cerise Ditch water right at the RFC Ditch headgate at any time when the CWCB's Roaring Fork
River instream flow water right is not being satisfied immediately below said alternate point of diversion. The
CWCB and the Applicant agree that the Applicant shall have the right to place a call with the Division Engineer
for its changed John Cerise Ditch water right at the alternate point of diversion under a 1997 priority.

. Pursuant to ~37-92-502(5), the Applicant shall install, and maintain. at the Applicant's expense, ade'l!late
meters, gauges or other measuring devices as the State and Division Engineer may require, and shall report at
reasonable times to the appropriate Division Engineer the readings of such meters. gauges, or measuring
devices.

Case No. 5-98CW312; Los Amigos Ranch Partnership: The Board ratified the Statement of Opposition filed in this case at its
point of diversion for 0.67 cfs associated with the Landis Canal from its decreed point of diversion on the Fryingpan
River to a wellfield tributary to the Crystal River, located in T7S. R88W. 6th P.M. Applicant also proposed to
augment out-of-priority depletions associated with this development with releases from Ruedi Reservoir and/or
Green Mountain Reservoir.

The CWCB filed a timely Statement of Opposition based on the facts presented in the application.
Subsequently. the Applicant submitted their First Amended Application. dated February 26, 1999, which reflects the
wellfield's actual location to be T6S, R88W. 6th P.M. This change in legal description eliminates CWCB's concerns
regarding potential injury to its Crystal River instream flow water rights. ,
e. .' ... -. ....

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