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<br />Agenda Item 8a(2) <br />Case No. 1-96CWl130; Harden <br /> <br />, <br /> <br />e <br /> <br />Application Summary <br /> <br />The Board ratified the statement of opposition filed in this case at its March 20-21, 1997, meeting. <br />This is an application for ground water rights, storage rights, change of water rights, and approval <br />of a plan for augmentation and exchange on Turkey Creek near Conifer in Jefferson County (see <br />attached map). Applicant proposes to develop a 1O.35-acre parcel of land for a commercial and <br />residential project. Applicant seeks approval of a plan for augmentation to replace out-of-priority <br />depletions from Harden Well Nos. 1-5 and Harden Reservoirs 1-3 with consumptive use credits <br />from the Lower Spickerman Ditch. Applicant intends to also use these facilities as alternate <br />points of diversion for the Lower Spickerman Ditch and proposes an exchange from the Ditch to <br />the facilities at a rate of 1.0 cfs with a priority date of September 12, 1996. In addition, <br />Applicant is claiming a senior date of December 18, 1990 for the Harden Well No.1 and April <br />30, 1991 for the Harden Reservoir No. 1. The remaining facilities have a priority date of <br />September 12, 1996. Applicant claims the right to use, reuse, and successive use for the water <br />diverted at the wells and reservoirs. <br /> <br />The Board holds an instream flow appropriation on North Turkey Creek for 3 cfs, summer, and 0.75 <br />cfs, winter, with an appropriation date of November 3, 1994. <br /> <br />Stipulation <br /> <br />e <br /> <br />Applicant has agreed to the following terms and conditions, which will provide full protection for <br />the Board's instream flow water right on North Turkey Creek. <br /> <br />. Applicant acknowledges that the Board's water rights on North Turkey Creek, if decreed as <br />claimed, is senior to Applicant's underground water rights, right to storage in Harden <br />Reservoirs 2 and 3, and exchange. <br /> <br />. At times when the Board's instream flow water right on North Turkey Creek is not being <br />satisfied, Applicant agrees to either curtail its out-of-priority diversions or replace the <br />associated depletions at or upstream of the instream flow reach. <br /> <br />. Applicant agrees to comply with the Colorado Revised Statute, Section 37-92-502 (5) with <br />respect to the installation and maintenance of measuring devices as may be required by the <br />State Engineer. <br /> <br />L:\"""""\s=\boanlmcmloo"'ll\nlffy sripubDon, 96CW1130.11an1en <br /> <br />e <br />