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<br />'. <br /> <br />. <br /> <br />So as to assure the operation of the augmentation and exchange plan, Applicant will install and <br />maintain such water measuring devices, implement such accounting procedures, and provide such <br />calculations as may be required by the State or Division Engineer to administer the terms of this <br />decree. The Colorado Water Conservation Board shall have access to any such measuring <br />device( s) at reasonable times in order to make readings therefrom. <br /> <br />The State Engineer shall curtail all out-of-priority diversions. the depletions from which are not so <br />replaced as to prevent injury to vested water rights. <br /> <br />The Court shall retain jurisdiction in this matter until five (5) years after the date of the <br />completion of the construction of the ponds, the plan becomes operational, and notice of same is <br />provided to those parties requesting such notice in writing. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />(2) Case No. S-98CW297: Spruee Valley Ranch Foundation <br /> <br />The Board ratified this statement of opposition at its March 1999 meeting. The Board's main objective in <br />filing the statement of opposition in this case was to ensure that the Applicant's use of its changed water <br />rights and operation of its plan for augmentation and exchange would not injure the Board's instream flow <br />water rights on Indiana Creek and the Blue River. Staff. in cooperation with the Attorney General's Office. <br />has negotiated a settlement to ensure that the CWCB's instream flow water rights will not be injured. <br />The Board holds the following instream flow ("ISF") water rights that could have been injured by this <br />r . <br /> <br />aOOl1cation: <br />CWCB Case StreamlLake Amount Approp. Date Watershed County <br />No. (d's) <br />5-89CW233 Indiana Creek 211 07/11/1989 Blue River Summit <br />5-86CW204 Blue River 20/10 03/14/1986 Blue River Summit <br />5-86CW217 Blue River 32/16 03/14/1986 Blue River Summit <br /> <br />. <br /> <br />The CWCB and the Applicant have agreed to the entry of a decree that will prevent injury to the Board's <br />ISF water rights on Indianan Creek and the Blue River. The Applicant has agreed to the following terms <br />and conditions: <br /> <br />. Applicant acknowledges that CWCB has ISF water rights decreed in Case Nos. 86CW204. <br />86CW217. and 89CW233, which were decreed prior to the filing of the application in this case and <br />which are senior to the exchange being sought herein. <br /> <br />. In connection with the use of the 10 acre-feet of consumptive use per year for augmentation <br />purposes. the Applicant will not operate the 1998 appropriative right of exchange decreed herein at <br />times when the ISFs of the Blue River or Indiana Creek as decreed to the CWCB in Case Nos. <br />86CW204, 86CW217, and 89CW233 are not satisfied. <br /> <br />· In operating the plan for augmentation sought in this case, Applicant shall curtail all out-of-priority <br />diversions occurring under this plan unless (I) the above-described CWCB ISF water rights are <br />being satisfied on the Blue River and Indiana Creek; or (2) the Applicant replaces depletions <br />at1ributable to such diversions, in time and amount, upstream of where those depletions impact the <br />river system. <br /> <br />So as to assure the operation of this plan for augmentation and exchange, Applicant shall install <br />and maintain such water measuring devices, implement such accounting procedures, and provide <br />such calculations as may be required by the State or Division Engineer to administer the terms of <br />this decree. The Colorado Water Conservation Board shall have access to any such measuring <br />device(s) at reasonable times. <br /> <br />. <br /> <br />. <br /> <br />30 <br />