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<br />Agenda Item 12a(!) <br />Case No. 5-97CW280; Kensington Partners <br /> <br />. Case Summarv <br /> <br />The Board ratified the Statement of Opposition filed in this case at its March 10-11, 1998, meeting. <br />This is an application to amend decreed plans for augmentation, for a change of water rights, and for <br />an appropriative right of exchange on the Eagle River near Edwards in Eagle County (see attached <br />map), Applicants propose to amend their previously decreed plans for augmentation in Case Nos. <br />86CWI53 and 9!CW077. The requested amendments would "I) change the proposed development <br />presently decreed to be served on the lands included in the existing augmentation plans; 2) change <br />the decreed water supply and augmentation sources to allow diversion by exchange at an additional <br />alternate structure: 3) add new water supply and augmentation sources; 4) add new lands to be <br />served by both the existing and new water supply and augmentation sources; and 5) shift 140 <br />residential units presently decreed to be served on lands included in the existing augmentation plans <br />to the new lands to be served." The proposed amendments include an exchange of irrigation <br />consumptive use credits from the Sarah M, Minnie V, and Ruby Ditches upstream to the Metcalf <br />Headgate and Raw Water Booster Pump near Avon. <br /> <br />The Board has the following instream flow appropriations which could be injured by this <br />application: <br /> <br /> Case No. Stream Amount (cfs) Approp. Date <br /> 5-80CW126 Eagle River 110/45 3/17/80 <br />. 5-80CW134 Eagle River 85/35 . 3117/80 <br /> Stipulation <br /> <br />Applicant has agreed to the following terms and conditions which will provide full protection for the <br />Board's instream flow water rights on the Eagle River. <br /> <br />· Applicants agree to curtail their change and exchange of water rights to the Metcalf <br />Headgate and Raw Water Booster Pump at times when the Board's Eagle River instream <br />flow water rights are not being satisfied in the stream reach between the Applicant's <br />point of wastewater return and the Metcalf Headgate. <br /> <br />. Applicants agree to curtail, or utilize an upstream augmentation source to directly <br />replace, their out-of-priority diversions at times when the Board's Eagle River instream <br />flow rights are not being satisfied. <br /> <br />. Pursuant to S37-92-502(5), Applicants agree to install, maintain, and monitor, at <br />locations determined by the Division Engineer and at Applicant's expense, such <br />measuring devices deemed necessary by the Division Engineer to administer the terms of <br />this decree. The Board, the State and Division Engineer and their agents shall have <br />access to any such measuring devices at reasonable times to make readings therefrom. <br /> <br />. <br />