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<br />. <br /> <br />. <br /> <br />. <br /> <br />Stream and Lake Protection Program <br />Summary of Resolved Cases <br /> <br />Section 9.41 ofthe ISF Rules states that: <br /> <br />"In the event the pretrial resolution includes terms and conditions preventing injury or interference and does <br />not involve a modification, or acceptance of injury or interference with mitigation, the Board is not required to <br />review and ratify the pretrial resolution, Staff may authorize its counsel to sign any court documents necessary <br />to finalize this type of pretrial resolution without Board ratification," <br /> <br />Staff has resolved issues of potential injury in the following water court case and authorized the Attomey <br />General's Office to enter into stipulations that protect the CWCB's water rights: <br /> <br />(1) Case Nos.1-OOCW239-241; City of Longmont <br /> <br />The Board ratified this statement of opposition in March 200 I. The Board's main objective in filing a statement of <br />opposition in this case was to assure that the Applicant does not divert at the upstream alternate points of diversion <br />at times when the CWCB's intervening instream flow water rights are not satisfied. The Staff, in cooperation with <br />the Attorney General's Office, has negotiated a settlement that assures that the CWCB's instream flow water <br />rights will not be injured, <br /> <br />The Board holds the following instream flow rights that could have been injured by this application: <br /> <br />Case No. <br />1-87CW283 <br />1-87CW282 <br /> <br />Stream <br />S. Fork St. Vrain Creek <br />N. Fork St. Vrain Creek <br /> <br />Appropriation Date <br />12/11/1987 <br />12/11/1987 <br /> <br />Amount (cfs) <br />various <br />various <br /> <br />The Applicant has agreed to the following terms and conditions that will provide full protection for the Board's <br />instream flow water rights on the South and North Forks of St. Vrain Creek: <br /> <br />. The change of water rights decreed herein is subject to the instream flow water rights decreed to the Colorado <br />Water Conservation Board in Case Nos, 87CW278, 87CW282, and 87CW283, Water Division No. I, and the <br />changed water rights shall not be exercised to the extent that the flows within the relevant instream flow reach <br />would be reduced below the Colorado Water Conservation Board's decreed instream flow rates by virtue of <br />the exercise of such rights. <br /> <br />(2) Case No. 2-01CW142; William Meng <br /> <br />The Board ratified the statement of opposition filed in this case at its March 2002 meeting, The Board's main <br />obj ective in filing a statement of opposition in this case was to assure that the Applicant did not violate the <br />statutory requirement that the CWCB is the only entity that can hold instream flow water rights to protect the <br />environment to a reasonable degree, The Applicant's original application included an appropriation of certain <br />springs for the following uses: "riparian habitat, wildlife habitat, fish propagation.,.." The Staff, in <br />cooperation with the Attomey General's Office, has negotiated a settlement that assures that the CWCB is the <br />only entity that can hold instream flow water rights to protect the environment to a reasonable degree, The <br />Applicant has agreed to withdraw its request for a decree that included the above referenced uses, <br /> <br />(3) Case No. 2-01CW147; Paula and Greg Moore <br /> <br />The Board ratified the statement of opposition filed in this case at its March 2002 meeting. The Board's main <br />objective in filing a statement of opposition in this case was to assure that the Applicant did not violate the <br />statutory requirement that the CWCB is the only entity that can hold instream flow water rights to protect the <br />environment to a reasonable degree. The Applicant's original application included an appropriation of certain <br /> <br />22 <br />