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<br />wastewater will be treated downstream, the Board's instream flow right would be injured from <br />the point of diversion to the confluence of the Rio Grande and the South Fork. <br /> <br />Stipulation <br /> <br />. <br /> <br />At the time of the filing of the statement of opposition, staff relied on the information provided in <br />the application and determined that the proposed Plan for Augmentation depleted greater than <br />1 % of the Board's instream flow water right on the South Fork of the Rio Grande. During <br />settlement discussions, the Applicant provided staff with information verifying that the impact to <br />the Board's instream flow water right is a De Minimis impact. The Applicant has provided <br />stipulations that limit the monthly demand to 7.42 acre feet per month (0.123 cfs) during the <br />summer months (June-August) and 6.91 acre feet per month (0.115 cfs) during the remaining nine <br />months (see attached). <br /> <br />Based on this information, the impact to the Board's instream flow right on the South Fork of the <br />Rio Grande is 0.25% during the summer months and 0.46% during the winter months. Currently, <br />the cumulative De Minimis impact to this stream reach in the summer months is 0.134% for the <br />summer months and 0.268% for the winter months. <br /> <br />The Applicant requests that the Board recognize the impact to its instream flow right as De Minimis <br />based on the information provided. The Applicant has agreed to terms and conditions limiting the <br />monthly volumetric demands as well as instantaneous stream depletions. <br /> <br />Staff Recommendation <br /> <br />Staff recommends that the Board resolve its statement of opposition by stipulated settlement (see <br />attached) and that the depletion to the Board's instream flow water right on the South Fork of the <br />Rio Grande be considered De Minimis. <br /> <br />. <br /> <br />Flood Control and Floodplain Management -Larry Lang, Chief. Water Project Planning and Construction. Mike Serlet, Chief. <br />Instream Flows and Water Rights Investigations.Dan Merriman, Chief. Interstate Streams Investigations.Randy Seaholm, Chief. <br />Office of Conservation Planning- Willia!Il Stanton, Chief. Personnel and Budget -Susan Maul, Chief <br /> <br />.' <br />