BOARD01778

• Board Meeting Date: 11/20/2000
• Description: Directors' Reports
• Board Meetings - Doc Type: Memo

. Applicant will only make diversion at the new point of diversion when the CWCB's instream flows
identified above, between the new point of diversion and the original point of diversion, are satisfied.

. Pursuant to ~37-92-502(5), Applicant shall install, maintain and monitor at locations determined by thee
Division Engineer, and at Applicant's expense, such measuring devices deemed necessary by the
Division Engineer to administer the terms of this decree.

(3) Case No. 5-99CW194 & 99CW195; Kummer Development Corp.

The Board ratified these statements of opposition filed in these cases case at its January 26-27,2000,
meeting. The Board has instream flow water rights on Brush Creek and on the Eagle River that may be injured
by this application. The Board's rnain objective in filing a statement of opposition in these cases case was to
prevent the Applicant from diverting water out of priority at the new junior points of diversion at times when the
Board's instream flow rights on Brush Creek and on the Eagle River are not being satisfied. The Staff, in
cooperation with the Attorney General's Office, has negotiated a settlement that fully protects the Board's instream
flow water rights. Applicant proposes to divert water from new junior diversions on Brush Creek. Applicant has
augmentation sources on both Brush Creek and on the Eagle and Colorado Rivers.

The Board holds instream flow rights on Brush Creek for 12 cfs and on the Eagle River for 130/50 cfs that
could be injured by this application:

Applicant has agreed to the following terms and conditions that wi \I provide full protection for the
Board's instream flow water rights on Brush Creek and on the Eagle River:

. Applicant will only divert water its junior points of diversion when the CWCB's instream flows identified
above are satisfied, or if the applicant provides adequate augmentation water at or above the location where
the depletions impact the river system.

. Pursuant to ~37-92-502(5), Applicant shall install, maintain and monitor at locations determined by the .
Division Engineer, and at Applicant's expense, such measuring devices deemed necessary by the Division
Engineer to administer the terms of this decree.

(4) Case No. 2-98CW083; Eagle Sky Foundation, Inc.

The Board ratified a statement of opposition filed in this case at its September 21-22,1998, meeting. The
Board has instream flow water rights on East Tennessee Creek that may be injured by this application. The
Board's main objective in filing a statement of opposition in this case was to prevent the Applicant from diverting
water out of priority at the new junior points of diversion at times when the Board's instream flow rights on East
Tennessee Creek are not being satisfied. The Staff, in cooperation with the Attorney General's Office, has
negotiated a settlement that fully protects the Board's instream flow water rights. Applicant has withdrawn the
portion of its proposed decree where it sought to divert water from new junior well diversions that were tributary to
East Tennessee Creek.

The Board holds an instream flow right on East Tennessee Creek for 2.0 cfs, which could have been
injured by this application:

However, the Applicant's withdrawal of the East Tennessee Creek diversions provides full protection to
the Board's water right.

(5) Case No. 5-96CW373j Eagle County School District

The Board ratified the statement of opposition filed in this case at its March 20-21,1997,
meeting. This is an application for water rights and change of water rights on Lake Creek and the. .
Eagle River near Avon in Eagle County. Applicant seeks an upstream, alternate point of
diversion for 2.0 cfs of the O'Neill and Holland Ditch senior water right at the headgate of the
J.M. Dodd Ditch on Lake Creek. Prior to the filing of this application, Applicant obtained a