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<br />Consent Agenda Item ld <br />Case No. 5-03CW159; Eagle River Water and Sanitation District <br /> <br />Application Summary <br /> <br />This is an application for new water rights, a change of water rights, and an augmentation plan and <br />appropriative right of exchange in the vicinity of Egeria. (please see the attached map). The <br />Applicant seeks to change certain irrigation water rights that have diverted out of Bear Creek, which <br />is in the Yampa River watershed, for use in the watershed of Egeria Creek, which is tributary to the <br />Colorado River. The Applicant seeks to dry up lands associated with these water rights and to store <br />the consumptive use so that it may eventually be used for municipal, domestic, irrigation, industrial, <br />commercial, and augmentation purposes in the Egeria Creek area. The Applicant also seeks an <br />augmentation plan such that releases from the various identified storage reservoirs into Egeria Creek <br />may be used to augment out-of-priority depletions associated with diversions in Eagle County. <br /> <br />CWCB Appropriations <br /> <br />The Board holds the following instream flow water rights that may be injured by this application: <br /> <br />CWCB Case No. Stream/Lake Amount (cfs) Approp. Date I <br />5-79CW363 Egeria Creek 4 12/5/1979 <br />5-78W3805 Eagle River 12/6 5/12/1978 <br />5-78W3811 Eagle River 15/8 5/12/1978 <br />5-78W3788 Eagle River 25/11 5/12/1978 <br />5-78W3796 Eagle River 50/20 5/12/1978 <br />5-80CW134 Eagle River 85/35 3/17/1980 <br />5-80CW126 Eagle River 11 0/45 3/17/1980 <br />5-80CW124 Eagle River 130/50 3/17/1980 <br /> <br />Potential for Iniurv <br /> <br />The Applicant's proposed change may result in an expansion of use. The Applicant's augmentation <br />plan may injure the Board's instream flow water rights on the Eagle River by not replacing its <br />depletions in time, place, and amOWlt. <br /> <br />Other Obiectors <br /> <br />The other objectors in this case are: the Colorado River Water Conservation District; the City of <br />Aurora; Excel Energy; the Town of Mintum; Tri-State Generation; Table Rock Properties, LLC; <br />the Upper Yampa Water Conservancy District; the Town ofYampa; the Northem Colorado <br />Water Conservancy District; Andrea Schaffner; the State and Division Engineers; the Colorado <br />Division of Wildlife; the Homestake Project; Smith Basin of Top on as; John Redmond; and Betsy <br />Hatt. <br /> <br />L:\Boardmem\November 2003\consentagendald.doc <br />