Laserfiche WebLink
<br />, . <br /> <br />Stioulation <br /> <br />Applicants have agreed to the following terms and conditions that will provide full protection for the Board's <br />instream flow water right on the Crystal River. <br /> <br />o Applicant will not seek a referee's ruling and/or decree with any changes to the wellfield legal description other than <br />that one contained in Los Amigos Ranch Partnership's First Amended Application. <br /> <br />Case No. 5-99CW031; Kensington Partners: The Board ratified the Statement of Opposition filed in this case <br />at its May 24-25, 1999, meeting. This is an application for change of water rights and plan for augmentation on the <br />Eagle River and Squaw Creek near Cordillera in Eagle County (see attached map). Applicant seeks to utilize <br />historic consumptive use credits from the Sara M, Ruby, Dora B., and Henderson Ditches and/or releases of water <br />from Eagle Park Reservoir or Green Mountain Reservoir to augment out-of-priority depletions at a golf course. <br /> <br />The Board holds the following instream flow water rights that may be injured by this application. <br /> <br />Case No. Stream Amount (cfs) Approp. Date <br /> <br />5-80CW135 <br />5-80CW126 <br />5-80CW124 <br />Stioulation <br /> <br />Applicant has agreed to the following terms and conditions that will provide full protection for the Board's <br />instream flow water rights on the Eagle River and Squaw Creek. <br /> <br />o The use of the Sara, Ruby, Dora 8., and Henderson Ditch rights at the Summit Golf Course, whether for direct <br />diversion or augmentation, shall be limited to the historic irrigation season, unless previously stored in priority <br />during other times of the year ; and shall not result in a expansion of the historic use of those same rights. <br /> <br />Squaw Creek <br />Eagle River <br />Eagle River <br /> <br />1.0 <br />110/45 <br />130/50 <br /> <br />3/17/80 <br /> <br />3/17/80 <br />3/17/80 <br /> <br />o Applicants agree to curtail all diversions at the SCR Diversion Point No.4 under this plan for augmentation <br />when the CWCB's Squaw Creek instream flow water right is not being satisfied in the stream reach between <br />SCR Diversion Point No.4 and the downstream terminus of the CWCB's Squaw Creek instream flow reach. <br /> <br />.0 At times when the Eagle River instream flow water rights decreed to the CWCB in Cases Nos. 80CWI26 <br />and/or 80CWI24 are not being satisfied iTIthe stream reach between the Applicant's most upstream diversion <br />structure (Eagle River Diversion Point No.2) and the Colorado/Eagle River confluence, Applicants agree to <br />curtail out-of-priority diversions under this plan for augmentation unless such out-of-priority diversion be <br />replaced, in time and amount, from an augmentation. source that is (I) located at or upstream of any diversion <br />structure that is diverting out-of-priority and (2) acceptable to the State and Division Engineers. <br /> <br />o Applicant agrees that these terms shall be m effect at all times and shall not be conditioned on the Board placing <br />an administrative call for its instream flow water rights. . <br /> <br />o Pursuant to g37-92-502(5), the Applicant shall install, maintain, and monitor at locations determined by the <br />Division Engineer and at Applicant's expense such measuring devices deemed reasonably necessary by the <br />Division Engineer to administer Applicant's water rights in accordan.ce with the terms of this decree. <br /> <br />31 <br />