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. e eo The Applicant has agreed to the following terms and conditions that will provide full protection for the Board's instream flow water rights on West Creek: o Applicant has withdrawn its claims for a change of water rights and an augmentation plan, Applicant claims for junior diversions will be operated only in priority, o (3) Case No. 4-98CW272; Roger and Lorraine Brickman The Board ratified the statements of opposition filed in this case at its May 21, 2001, meeting, The Board has instream flow water rights on West Lake Creek and on the Eagle River 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 out,of-priority at the alternative points of diversion at times when the Board's instream flow rights on West Lake Creek and the Eagle River are not being satisfied, 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 rights that could have been injured by this application: Case No, 5,80CWI22 5,80CWl26 5-80CW124 Amount (cfs) 5 110/45 130/50 Appropriation Date 3/17/1980 3/17/1980 3/17/1980 Stream W, Lake Creek Eagle River Eagle River The Applicant has agreed to the following terms and conditions that will provide full protection for the Board's instream flow water rights on West Lake Creek and on the Eagle River: o Applicant agrees that for such time as the decrees in Case Nos, 80CW122, 80CWI24 and 80CWI26 remain in effect, at any time the streamflow in West Lake Creek or the Eagle River is less than the amounts decreed to the CWCB in Case Nos, 80CWI22, 80CWl24 and 80CW126, Applicant will either curtail its diversions from West Lake creek under its plan for augmentation, as applied for in Case no. 98CW272, or replace all out of priority depletions, in time and place, at or upstream from where the depletions impact West Lake Creek. Applicant shall install and maintain such measuring devices deemed necessary by the Division Engineer to administer the terms of this decree, o (4) Case No. 4-97CW92; Roscoe Development Corp. The Board ratified the statements of opposition filed in this case at its May 12, 1997, meeting, The Board has instream flow water rights on Washington Gulch 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 out-of-priority at the alternative points of diversion at times when the Board's instream flow rights on Washington Gulch are not being satisfied, 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 rights that could have been injured by this application: Case No, 4,80CW94 Stream Washington Gulch Amount (cfs) 1.5 Appropriation Date 3/17/1980 The Applicant has agreed to the following terms and conditions that will provide full protection for the Board's instream flow water rights on Washington Gulch: Applicant agrees that at any time the streamflow in Washington Gulch is less than the amounts decreed to the CWCB in Case No, 80CW94, Applicant will either curtail its diversions from West Lake creek under its plan for augmentation, as applied for in Case No, 97CW92, or replace all out of priority depletions from an upstream