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<br />Stream and Lake Protection Program <br />Summary of Resolved Cases <br /> <br />Section 9 Al ofthe ISF Rules states that: <br /> <br />"In the event the pretrial resolution includes terms and conditions preventing injury or interference and does not <br />involve a modification, or acceptance of injury or interference with mitigation, the Board is not required to review and <br />ratify the pretrial resolution, Staff may authorize its counsel to sign any court docwnents necessary to finalize this type <br />of pretrial resolution without Board ratification," <br /> <br />Staff has resolved issues of potential injury in the following water court case and authorized the Attorney General's <br />Office to enter into stipulations that protect the CWCB's water rights: <br /> <br />(1) Case No. 1-00CW148; Falcon Wing Ranch, LLC <br /> <br />The Board ratified the statement of opposition filed in this case at its November 19, 2001, meeting, The Board's main <br />objective in filing a statement of opposition in this case was to assure that the Applicant did not divert water at its upstream <br />alternate points of diversion at times when the CWCB's intervening instream flow water rights were not satisfied, The <br />Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that assures that the CWCB is the only <br />entity that can hold instream flow water rights to protect the environment to a reasonable degree, <br /> <br />The Board holds the following instream flow rights which could have been injured by this application: <br /> <br />Case No, <br />1-94CW260 <br /> <br />Stream <br />Bear Creek <br /> <br />Amount (cfs) Aoorooriation Date <br />15(4/1-10/15) 7(10/16-3/31) 9/12/1994 <br /> <br />The Applicant has agreed to the following terms and conditions that will provide full protection for the Board's <br />instream flow water rights on Bear Creek: <br /> <br />. The Applicant agrees that at any time the stream flow in Bear Creek is less than the seasonal amounts described <br />above, the Applicant will replace its out-of-priority depletions under its plan for augmentation, in time, place and <br />amount, with releases of water from Cold Springs Harbor. <br />. The Applicant also has agreed to install, maintain, and monitor such measuring devices as may be required by the <br />State and Division engineer to administer the terms of the decree, <br /> <br />(2) Case No. 1-00CW174; Mountain Mutual Reservoir, Co. <br /> <br />The Board ratified the statement of opposition filed in this case at its March 26, 2001, meeting, The Board's main objective <br />in filing a statement of opposition in this case was to assure that the Applicant did not divert water at the upstream point of <br />diversion on the Sacramento River at times when the Board's instream flow rights on Sacramento Creek and the middle <br />Fork of the South Platte River were not being satisfied, The Staff, in cooperation with the Attorney General's Office, has <br />negotiated a settlement that fully protects the Board's instream flow water rights, <br /> <br />The Board holds the following instream flow rights which could have been injured by this application: <br /> <br />Case No, <br />1-75W8016 <br />1-80CW67 <br /> <br />Stream <br />Sacramento Creek <br />Middle Fork, South Platte <br /> <br />Amount (cfs) Aoorooriation Date <br />8/3 <br />16/8 <br /> <br />ll/15/1977 <br />1/14/19760 <br /> <br />The Applicant has agreed to the following terms and conditions that are fully protective of the CWCB's instream flow <br />water rights: <br /> <br />30 <br />