BOARD01695

• Board Meeting Date: 7/25/2006
• Description: ISF Section - Injury with Mitigation Proposal - Case No. 5-04CW238 - Application of S.G. Company
• Board Meetings - Doc Type: Memo

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S.G. Company
Case No. 04CW238
Page 8

additional consumptive use from the 1.25 acres of enhanced wetlands within the Oxbow
Project to be 0.78 acre-feet per year. On that basis, and assuming that the High Miller
Ditch Oxbow Enlargement water right for the Oxbow Project described above is out-of-
priority for the entire year and that the initial fill of the Oxbow Project has occurred,
applicant may need to replace to the stream system up to 9.16 acre-feet per year of out-
of-priority open water surface evaporation and wetland consumptive use from the Oxbow
Project. In addition, when the Mt. Powell Ranch Pond is out-of-priority, evaporation will
be replaced either by delivering consumptive use credit water available under the subject
Hamilton-Davidson Ditch water rights directly to the pond from the Hamilton-Davidson
Ditch or by leaving water available under the subject Sarah Ditch water rights in Brush
Creek, tributary to the Blue River or by exchanging water available under the Subject
Water Rights into the Mt. Powell Ranch Pond pursuant to the appropriative exchange
rights described in section II., below.

! O. RilZhts \LTlder Green Mountain Reservoir Historic Users Pool:

Applicant's uses of the Sarah Ditch and the Hamilton-Davidson Ditch under the changes .
proposed in this application will continue to qualifY for benefits of releases from the
historic users pool in Green Mountain Reservoir pursuant to Senate Document No. 80
(Act of August 9, 1924,43 Stat. 564).

II. Description of conditional aQproDriative exchange ril!hts:

, A. Sarah Ditch Exchanl!e:

(I) Source of water to be exchanged: The subject Sarah Ditch water rights, as
described in section 4.B., above.

(2) Lel!al description of exchanlle reach: Water available under the subject
Sarah Ditch water rights will be delivered to the confluence of Brush
Creek and the Blue River in the SW1/4 NE1/4 of Section 2, Township 3
South, Range 79 West of the 6th P.M.; it will then be exchanged up the
Blue River to the location of the High Miller Ditch Oxbow Enlargement
headgate, as described in section 2.A., above; and/or up the Blue River to
the confluence of Squaw Creek and the Blue River in the NEV. NWV. of
Section 12, Township 3 South, Range 79 West of the 6th P.M.; thence up
Squaw Creek and the unnamed tributary of the Mt. Powell Ranch Pond to
the Mt. Powell Ranch Pond described in section 3.A., above.'

(3)

Appropriation date: December II, 2004.

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