BOARD01778

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

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decree in Case No. 93CW189 which changed 3.29 cfs of the O'Neill and Holland Ditch water
right to an upstream alternate point of diversion at the Howard Ditch headgate on the Eagle
_River. The terms and conditions agreed to by the Applicant in this case are consistent with the
_terms of settlement reached in that previous case.
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The Board an instream flow water right on the Eagle River for 110 cfs, summer, and 45 cfs,
winter, with an appropriation date of March 17,1980, which could be injured by this application.

Applicant has agreed to the following terms and conditions that will provide full protection for
the Board's instream flow water right on the Eagle River.

· At such times when combined diversion of the O'Neill and Holland Ditch, First Enlargement
water right at the Howard Ditch headgate and the J.M. Dodd Ditch headgate would cause the
stream flow in the stream reach of the Eagle River immediately downstream of the Howard
Ditch headgate or at the confluence of Lake Creek and the Eagle River to fall below the
instream amounts decreed to the CWCB in Water Division 5, Case No. 80CW126, Applicant
agrees to limit such combined diversion under that water right to no more than 0.88cfs.
Applicant is entitled to call the full 3.29-cfs of the O'Neill and Holland Ditch, First
Enlargement to the headgate of the Howard Ditch as necessary to satisfy the terms of this
paragraph. Applicant will obtain approval of the Water Commissioner of Water District 37
before commencing diversion of more than 0.88 cfs under said priority. Applicant will also
notify the Water Commissioner when Applicant's diversion under said priority equal or fall
below 0.88 cfs.

· The Applicant shall install and maintain such measuring devices as are reasonably required
by the Division Engineer for the proper administration of Applicant's water rights.

.6) Case No. 5-98CW307; Diamond M, LLC

The Board ratified the Statement of Opposition filed in this case at its March 29-30, 1999, meeting. This
is an application for storage water rights, surface water rights, and plan for augmentation on Marvine Creek near
Buford in Rio Blanco County. Applicant proposes to augment out-of-priority depletions associated with a
residential development and several fishery ponds with senior irrigation rights and/or releases from on-site
storage.

The Board has an instream flow water right on Marvine Creek for 40 cfs, year-round, with an
appropriation date of November 15,1977, which could be injured by this application.

Applicant has agreed to the following terms and conditions that will provide full protection for the
Board's instream flow water right on Marvine Creek.

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Applicant agrees to curtail diversion under the West Marvine Ditch Enlargement and Barbour South Side
Ditch Enlargement to the extent necessary, at any time the CWCB's Marvine Creek in stream flow water
right is not being satisfied; provided, however, that nothing herein shall be construed to prohibit the
Applicant from exercising a call against upstream junior water rights or from diverting under its water rights
that are senior to the CWCB right.

The Robert E. Barbour Pipeline 1998 Right is junior to the said CWCB minimum stream flow. However,
the CWCB agrees that the subject augmentation plan can operate to the replace depletions under the 1998
Right as to prevent injury to the CWCB's right provided that:

1. During the historic irrigation season, diversions under the 1998 right are made downstream of the
headgates of the senior water rights to be used for augmentation; and

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