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<br />11. During the non-irrigation season, spring flows which were historically intercepted by the Barbour <br />South Side Ditch, and returned to Marvine Creek at the Ball Lake Reservoir outflow may now be <br />diverted by the Robert E. Barbour Pipeline 1998 Right and returned to Marvine Creek upstream_ <br />of the Ball Lake Reservoir outflow. Diversions under the Robert E. Barbour Pipeline 1998 Rig~ <br />may result in an increase in consumptive use below the Ball Lake Reservoir outflow, as <br />compared to what occurred historically. Therefore, at times during the non-irrigation season <br />when the CWCB's Marvine Creek instteam flow is not being satisfied in the stream reach below <br />the Ball Lake Reservoir outflow, Applicant agrees to either (1) curtail its out-of-priority <br />consumptive use under the Robert E. Barbour Pipeline 1998 Right of, (2) replace it out-of- <br />priority consumptive use under the Robert E. Barbour Pipeline 1998 Right from an augmentation <br />source located at, or upstream of, the Ball Lake Reservoir outflow into Marvine Creek. <br /> <br />. The Applicants shall install and maintain such measuring devices as may be required by the State or <br />Division Engineer to administer the terms of this decree. The Colorado Water Conservation Board shall <br />have access to any such measuring device(s) at reasonable times in order to make readings therefrom. <br /> <br />(7) Case No. 6-95CW79; Upper Yampa Water Conservancy District <br /> <br />The Board ratified these statements of opposition filed in this case at its November 6-7,1995, meeting. The <br />Board has instream flow water rights on the Bear River that may be injured by this application. The Board's <br />main objective in filing a statement of opposition in this case was to prevent the Applicant from diverting water <br />from the Yampa River basin for new uses or for uses outside of the Upper Yampa Water Conservancy District's <br />existing boundaries. The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that <br />fully protects the Board's instream flow water rights. <br /> <br />The Applicant, the Upper Yampa Water Conservancy District proposes to change 4000 acre feet of tit <br />storage rights from uses within the Yampa River basin to uses in the Colorado River basin. Unless the <br />following terms and conditions were adopted, the Upper Yarnpa Water Conservancy District's change <br />application could directly affected the Board's instream flow water rights on the Bear River. <br /> <br />Applicant has agreed to the following terms and conditions that will provide full protection for the <br />Board's instream flow water rights on the Bear River: <br /> <br />. Applicant will only divert up to 4,000 acre-feet for existing decreed uses within the existing District <br />boundaries. <br />. First use of this water will be limited to the underlying decreed uses. <br /> <br />tit <br />