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<br />MEMORANDUM <br /> <br />COLORADO WATER CONSERvATION BOARO <br />J. William McDonald <br />Director <br /> <br />TO: <br /> <br />Members, CWCB <br /> <br />FROM: <br /> <br />Bill McDonald, Director. <br /> <br />DATE: <br /> <br />January 26, 1982 <br /> <br />SUBJECT: Agenda Item 14c, February 5, 1982, Board Meeting-- <br />Request for authorization to withdraw Statement of <br />Opposition in Case No. 80 CW 287, Rialto, Ltd. <br /> <br />~ statement of opposition was filed by the CWCB in the <br />above-referenced case because of potential injury to the Board's <br />instream flow decree on Sacramento Creek (S 8cfs) (W 3cfs) in <br />Park County. This statement of opposition was ratified by the <br />Board at its September 23, 1981, meeting. <br /> <br />The application concerns a plan for augmentation for 141 <br />in-house wells in the Valley of the Sun (Rialto) subdivision, <br />using an off-steam reservoir near the confluence of Sacramento <br />Creek and the Middle Fork of the South Platte River. The <br />reservoir will make augmentation releases, but these releases <br />will not benefit Sacramento Creek because the reservoir is <br />located downstream from the subdivision. The original <br />application for approval of the plan for augmentation placed the <br />reservoir further upstream than did the amended application. The <br />staff objected to the amended application. <br /> <br />The staff has met with the water commissioner, engineers <br />from the Division of Water Resources, the applicant and his <br />attorney to determine the magnitude of injury to Sacramento Creek <br />minimum stream flows. These meetings disclosed that only four <br />miles of Sacramento Creek will be affected by the change in <br />location of the reservoir, and that depletions to the stream will <br />be only 2.7 gpd or .006 cfs. The effect of the diversions from <br />the stream to the augmentation reservoir should be likewise very <br />minimal because there are three senior ditches that control the <br />stream. Thus the operation of the augmentation reservoir will <br />not change the historical regime of Sacramento Creek and the <br />amount of injury is insignificant and not capable of being <br />measured in the field. <br /> <br />Staff Recommendation: <br /> <br />Authorize the staff and the Attorney General to withdraw the <br />Statement of Opposition. <br /> <br />JWM/gl <br />Attachment <br />