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Consent Agenda Item l,c Case No, 4-06CW035; Application of Lacy & Dow, LLC Application Summary This is an application for ground water rights, storage rights, surface water rights, change of water rights, and approval of a plan for augmentation to supply water for a 750-single family dwellings subdivision located near Crested Butte, 1) Applicant seeks conditional ground water rights for the Lower Verzuh Wells Nos, I, 2, and 3 (tributary to the East River) for 0,668 cfs, 0,668 cfs, and 0.334 cfs, respectively, 2) Applicant seeks a conditional storage right for Dan's Pond for 100 acre-feet for recreational, piscatorial, and replacement of out of priority diversions, 3) Applicant claims conditional surface water rights for Verzuh Ditch Enlargement for 10 cfs to fill Dan's Pond, Applicant claims an appropriation date of February 24, 2006 for all these conditional water rights, 4) Applicant seeks to change point of diversion of 1.67 cfs offor the water right decreed to Verzuh Ditch under priority no, 268 to the Lower Verzuh Wells Nos, 1,2, and 3 and 0,55 cfs to storage at Dan's Pond for recreational, piscatorial, and replacement of out of priority diversions, 5) Applicant seeks to change the point of diversion of 8,86 cfs of the Lafayette Ditch Priority No, 390 to the headgate of the Verzuh Ditch, which is about a mile upstream, 6) Applicant seeks approval of a plan for augmentation to cover out of priority diversion/depletions for uses within the Lower Verzuh Subdivision, using the water rights sought to be changed in this application as replacement sources, e CWCB Appropriations The Board holds the following instream flow water rights that may be injured by this application: CWCB Case StreamILake Amount Approp. Watershed County No. (cfs) Date 4-83CW230 East River 10 6/3/82 East River Gunnison 4-83CW2228 East River 50/27 6/3/82 East River Gunnison Potential for In iury The Applicant's proposed change of point of diversion of surface water rights to three wells without addressing delayed depletive impacts may injure the Board's instream flow water rights on the East River, The Applicant's proposed change of point of diversion of an existing ditch to an upstream headgate may result in an expansion of use that could injure the Board's instream flow water rights on the East River, The Applicant's proposed plan for augmentation may cause injury to the Board's instream flow water rights on the East River by not replacing depletions in time, place and amount. Other Obiectors Bill Guerrieri and Sons, The Phoenix Family Group, the Smith Hill Ranches Homeowners Association, and Skyland Metropolitan District also filed statements of opposition to this application,