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<br />, <br /> <br />e <br /> <br />Agenda Item 4e <br />Case No. 1-94CW290; Buffalo Park Development Company <br /> <br />Application Summary <br /> <br />This is an application for conditional water rights, change of water rights and approval of plan <br />for augmentation including conditional appropriative rights of substitution and exchange on Bear <br />Creek and its tributaries near Evergreen in Jefferson County (see attached map). Applicants <br />claim an appropriation date of September 12, 1994 for the conditional water rights and exchanges <br />to serve several subdivisions. The conditional amounts claimed are as follows: up to 45.7 cfs <br />for an unspecified number of wells; 0.3 cfs for surface water rights; and a maximum rate of 1 <br />cfs year-round on Bear Creek and 1 cfs year-round on Turkey Creek for appropriative rights of <br />exchange. Applicant is also requesting an unquantified amount of irrigation water decreed to the <br />Harriman and Warrior Ditches and Soda Lakes and Meadowview Reservoirs be changed to <br />include municipal, domestic, storage, irrigation, stock, recreation and fire protection uses, <br />including the right to use, reuse and make succession of uses of such water to extinction. No <br />volumetric limitation has been proposed for the exchanges. <br /> <br />CWCB Appropriations <br /> <br />The Board has made the following instream flow appropriations on Bear Creek and its tributaries <br />which could be injured by this application: <br /> <br />e Case No. Stream Amount (cfs) Approo. Date <br /> 1-94CW259 Bear Creek 10/5 9113/94 <br /> 1-94CW260 Bear Creek 15/7 9113/94 <br /> 1-94CW256 Blue Creek 0.75/0.25 11/3/94 <br /> 1-94CW251 Cub Creek 2/0.75 11/3/94 <br /> 1-94CW250 N. Turkey 3/0.75 11/3/94 <br /> Potential for Iniury <br /> <br />Applicants' proposed change of water rights to multiple uses may constitute an expansion of use <br />and has the potential to deplete the Board's in stream flow appropriations on North Turkey Creek, <br />Bear Creek, Blue Creek, and Cub Creek. In addition, the proposed plan for augmentation and <br />exchange may not replace depletions associated with the claimed conditional water rights in the <br />time and amount, and at the place, that they occur. Applicants must also be held to strict proof <br />of the appropriation date claimed for the conditional water rights and exchanges. <br /> <br />Other Obiectors <br /> <br />There are eighteen other objectors in this case, including the City and County of Denver, the <br />City of Lakewood, Englewood, Jefferson County, and the Evergreen Metro District. <br /> <br />e c:\chri.sty\l94CW290.mem <br />