BOARD02099

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

4-84CW435

Big Bear Creek

2

7/13/1984

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

. In the event that the streamflow of Elk Creek falls below 2,5 cfs, the Applicant shall curtail its diversion of ,12 cfs
at the Elk Creek pipeline point of diversion, to the extent necessary to meet the instream flow right ofthe CWCB,
. In the event that the streamflow in Big Bear Creek falls below 2,0 cfs, Applicant shall curtail its diversion of ,24
cfs under the water right decreed for the Pleasant Valley Ditch in Case No, 90CWI17 at the headgate of the
Pleasant Valley Ditch to the extent necessary to meet the instream flow right of the CWCB.
. 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,

(6) Case No. 5-01CW237; Squaw Creek Metropolitan District

The Board ratified the statement of opposition filed in this case at its July 23, 2001, meeting, The Board's main objective
in filing a statement of opposition in this case was to assure that the Applicant not divert its water rights at upstream points
of diversion when the CWCB's intervening instream flow water rights 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 which could have been injured by this application:

Case No,
5-80CW134
5-80CW126
5-80CW124

Stream
Eagle River
Eagle River
Eagle River

Amount (cfs) Aoorooriation Date
85(5/1-9/30) 35(10/1-4/30)
110(5/1-9/30) 45(10/1-4/30)
130(5/1-9/30) 50(10/1-4/30)

3/17/1980
3/17/1980
3/17/1980

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

. At times when the Eagle River instream flow water rights decreed to the CWCB in Case Nos, 80CW126,
80CW134, and/or 80CWI24 are not being satisfied in the reach between the Edwards Water Facility and the
Colorado RiverlEagle River confluence, Applicants agree to curtail diversions at the alternate point of diversion
described in the decree,
. Applicant agrees that these terms shall be in effect at all times and shall not be conditioned on the Board placing an
administrative call for its instream flow water rights,
. Applicant will install any necessary measuring devices, as required by the Division Engineer, to administer this
decree, Applicant shall not be required to install and or maintain measuring devices as may be required by the
decrees in Case Nos, 80CW126, 80CWI34 and 80CWI24,

(7) Case No. 5-01CW264; Michael and Michelle Noe

The Board ratified the statements of opposition filed in this case at its January 23, 2002, meeting, The Board has instream
flow water rights on the Blue 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 assure that the Applicant replaced its depletions in time, place, and amount at
times when the CWCB's instream flow water rights on the Blue River were not being satisfied, On March 25, 2002, the
Applicant filed a motion to withdraw its application because Summit County had denied the Applicants' proposed
development changes, On March 27,2002, the Judge granted the Applicant's motion to withdraw the Application,

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