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<br />springs for the following uses: "riparian habitat, wildlife. habitat, fish propagation,., ," The Staff, in cooperation. <br />with the Attorney General's Office, has negotiated a settlement that assures that the CWCB is the only entity tha <br />can hold instream flow water rights to protect the environment to a reasonable degree, The Applicant has agreed <br />to withdraw its request for a decree that included the above referenced uses, <br /> <br />(4) Case No. 4-01CW228; Burke and Gail Brewster <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 />springs for the following use: "to maintain the natural habitat. . ,," The Staff, in cooperation with the Attorney <br />General's Office, has negotiated a settlement that assures that the CWCB is the only entity that can hold instream <br />flow water rights to protect the environment to a reasonable degree. The Applicant has agreed to withdraw its <br />request for a decree that included the above referenced:use. <br /> <br />(5) Case No. 4-01CW267; Ed Weitz <br /> <br />The Board ratified the statement of opposition filed in this case at its March 2002 meeting, The Applicant is seeking <br />new junior ground water rights, The Board has instream flow water rights on the Uncompahgre River that may <br />have been injured by this application, The Board's main objective in filing a statement of opposition in this case was <br />to prevent the Applicant from diverting water from a well, when the Applicant was not capable of replacing the <br />delayed depletions from that well in the same time, amount, and location, when the CWCB's instream flow water right <br />on the Uncompahgre River was not being satisfied. The ,Staff, in cooperation with the Attorney General's Office, has <br />negotiated a settlement that fully protects the Board's instream flow water rights. <br />! . <br /> <br />The Board holds the following instream flow" rights which could have been injured by this application: <br /> <br />. <br /> <br />Case No. Stream <br />4-98CW222 Uncompahgre River <br /> <br />AInountC cfs) Appropriation Date <br />65/20 7/13/1998 <br /> <br />The Applicant has agreed to the following terms and conditions that are fully protective of the CWCB's instream <br />flow water rights: <br /> <br />. Applicant shall case and cement the well to the top of the production zone in the Entrada Sandstone to <br />prevent leakage from ground water tributary to the Uncompahgre River. <br />. Applicant shall limit diversions to 3,0 acre-feet per year until such time as the Applicant demonstrates to <br />the Division Engineer's satisfaction that there will be no delayed impacts from pumping the well, <br /> <br />(6) Case No. 5-95CWI22; Summit County Commissioners <br /> <br />The Board ratified the statement of opposition filed in this case at its November 1995 meeting. The Board's main <br />objective in filing a statement of opposition in this case'was to assure that the Applicant replaced its depletions in <br />the same time, place, and amount at which they occur, and that the Applicant comply with the Blue River <br />Agreement. The Staff, in cooperation with the Attomey General's Office, has negotiated a settlement that fully <br />protects the Board's instream flow water rights, <br /> <br />The Board holds dozens of instream flow rights that could have been injured by this application, <br /> <br /> <br />The Applicant has agreed to the following terms al).d conditions that are fully protective of the CWCB's . <br /> <br />instream flow water rights: <br /> <br />23 <br />