BOARD01934

• Board Meeting Date: 11/25/2002
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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. The Applicant included the relevant terms to comply with the Upper Blue River agreement.
. At times when the CWCB's instream flow water rights are not being satisfied during the period of May
15-September 15 on the Blue River or its tributaries, Applicant will provide water in an amount equal to
the depletions, in the same time and location where those depletions impact the river system, unless the
Applicant is not required to under the terms of the Blue River agreement.
. The Applicant also has agreed to install, maintain, and monitor such measuring devices as may be required
by the State and Division engineer to administer the terms of the decree.

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(7) Case No. 5-99CW319; Holland Hills

The Board ratified the statement of opposition filed in this case at its March 2000 meeting. The Board's main
objective in filing a statement of opposition in this case was to assure that the Applicant replaced its depletions in
the same time, place, and amount at which they occur. The Staff, in cooperation with the Attorney General's
Office, has negotiated a settlement that fully protects the Board's instream flow water rights.

The Board holds the following instream flow water rights that could have been injured by this application:

Case No,
5-85CW646
5-85CW639

Amount (cfs) Appropriation Date
55/30 11/8/1985
145/75 11/8/1985

Stream
Roaring Fork River
Roaring Fork River

The Applicant has agreed to the following terms and conditions that are fully protective of the CWCB' s
instream flow water rights:

. The Court finds and concludes that the Applicant's diversions to supply the Post-1985 EQR's through the
well structures identified in Paragraph 27 of this Ruling, are junior to the CWCB' s instream flow water
right as decreed in Case No, 85CW646, Accordingly, to the extent diversions or depletions are made to
supply such Post-1985 EQR's, Applicant will not make such junior, out-of-priority diversions or
depletions when the CWCB instream flow right is not satisfied, in accordance with and as required by law,
unless Applicant augments in time, place and amount the depletions from such diversions, including any
lagged depletions, The depletions from Applicants diversions will be calculated based upon the
information provided in Table 7a attached hereto as Exhibit "B" and incorporated, Pursuant to C,R.S.
Section 37-92-504(4), the Division Engineer shall administer the movement of water involved in the
augmentation plan.

(8) Case No. 5-00CW285; Etkin Johnson

The Board ratified this statement of opposition at its March 200 I meeting. The Board has instream flow water
rights on Rock Creek that may have been injured by this application. The Board's main objective in filing a
statement of opposition in this case was to prevent the Applicant from diverting water at upstream points of
diversion at times when the CWCB' s intervening instream flow water rights were not being satisfied. On August
4,2002, the Court granted the Applicant's motion to withdraw its water court application.

(9) Case No. 5-01 CW368; Rocky Mountain Mansions, LLC

The Board ratified this statement of opposition at its March 2002 meeting. The Board has instream flow water
rights on Cattle Creek that may have been injured by this application. The Board's main objective in filing a
statement of opposition in this case was to prevent the Applicant from diverting water at upstream points of
diversion at times when the CWCB's intervening instream flow water rights were not being satisfied, The Staff, in
cooperation with the Attorney General's Office, has negotiated a settlement that assures that the CWCB's instream
flow water rights will not be injured,

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