BOARD02099

• Board Meeting Date: 5/20/2002
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

. The operation of the exchange shall be subordinate to the CWCB's instream flow water rights as decreed in Case
Nos, 75W8016 and 80CW67, The MMRC Exchange shall not be operated unless the instream flow water rights
decreed to the CWCB in Case Nos, 75W8016 and 80CW67 are fully satisfied,
. The Applicant also has agreed to install, maintain, and monitor such measuring devices as may be required by the
State and Division engineer to administer the terms of the decree,

(3) Case No. 2-99CW183; Poncha Springs

The Board ratified the statement of opposition filed in this case at its March 20, 2000, meeting, The Board's main objective in
filing a statement of opposition in this case was to assure that the Applicant did not divert water at the upstream points of
diversion at times when the Board's instream flow rights on Poncha Creek and Grays Creek were 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 which could have been injured by this application:

Case No,
2-77W4675
2-77W4441

Stream
Poncha Creek
Grays Creek

Amount (cfs) Appropriation Date
8/4
4

11/15/1977
1/14/1976

The Applicant has agreed to the following terms and conditions that are fully protective ofthe CWCB's instream flow
water rights:

. Existing decrees of the Colorado Water Conservation Board on Poncha Creek and Gray's Creek shall not be
impaired by the change of water right to storage in O'Haver Reservoir. In addition, the change of water rights to
storage in 0 'Haver Reservoir shall only occur at such times that there is a live flow of water in the stream between
the historic headgate of McPherson Ditch and O'Haver Reservoir, and the above CWCB instream flow decrees on
Gray's Creek and Poncha Creek are being met.
. The Applicant also has agreed to install, maintain, and monitor such measuring devices as may be required by the
State and Division engineer to administer the terms of the decree,

(4) Case No. 4-98CW240; Upper Gunnison Water Conservancy District

The Board ratified the statements of opposition filed in this case at its March 29, 1999, meeting, The Board has nwnerous
instream flow water rights 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 at upstream points of diversion at
times when the CWCB's intervening instream flow water rights were not being satisfied, On April 19 , 2002, the Applicant
filed a motion to dismiss with the water court, as the Application originally filed does not represent the Applicant's
intentions with respect to the conditional water rights that were the subject of this application, The Judge is expected to
grant their motion to dismiss the Application,

(5) Case No. 4-00CW12; Wilson Mesa at Telluride Metropolitan District et al.

The Board ratified the statement of opposition filed in this case at its January 24, 2001, meeting, The Board's main
objective in filing a statement of opposition in this case was to assure that the Applicant replace its depletions in the same
time, place, and amount at which they occur, 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 which could have been injured by this application:

Case No,
4-84CW437

Stream
Elk Creek

Amount (cfs) Appropriation Date
2,5 7/13/1984

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