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<br />Consent Agenda Item 4-3.e. . <br />Case No. 2-99CW178; Westman <br /> <br />Application Srnnrnarv <br /> <br />This is an application for a plan for augmentation and exchange on Banita Creek, a tributary to <br />Howard Creek, in Fremont County near the town of Howard (see attached map). The Applicant is <br />proposing to augment out-of-priority depletions associated with the Trail Ridge Pond Nos. I & 2 <br />and Mains Ditch No. I with releases from Twin Lakes Reservoir. The Applicant proposes to <br />exchange water from Twin Lake Reservoir down to the confluence of the Arkansas River and <br />Howard Creek up to the Trail Ridge Pond Nos. I & 2 and Mains Ditch No. I at a rate of I cfs with <br />an appropriation date of September IS, 1995. <br /> <br />CWCB Appropriations <br /> <br />The Board holds an instream flow right on Howard Creek for 2 cfs with an appropriation date of <br />May 7,1980, which may be injured by this application. <br /> <br />Potential for Iniury <br /> <br />The Applicants' proposed plan for augmentation may not replace depletions to the Board's instream <br />flow water rights on Howard Creek in the same time, amount and location which they historically <br />occur. <br /> <br />. <br /> <br />Other Objectors <br /> <br />Other objectors in this case include the Upper Arkansas Water Conservancy District. <br /> <br />. <br /> <br />L\WCTRANS\SEcaCase Files\299CW178_mem.doc <br />