BOARD02183

• Board Meeting Date: 9/21/1998
• Description: ISF Section - Informational Items - Summary of Resolved Cases
• Board Meetings - Doc Type: Memo

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Agenda Item 12a(2)
Case No. 5-97CW288; Colorado River WCD et al.

Case Summary

The Board ratified the Statement of Opposition filed in this case at its March 10- II, 1998,
meeting. This is an application for change of water right on the Eagle River and East Fork Eagle
River near Pando in Eagle County (see attached map). Applicants propose upstream, altemate
points of diversion for their interest in the Pando Feeder Canal water right at the East Fork
lnterceptor Ditch, Chalk Mountain lnterceptor Ditch, and East Fork Pump Plant.

The Board has the following instream flow appropriations which could be injured by this
application:

Case No.

Stream

Amount (cfs)

Approp. Date

5-78W3811
5-78W3805
5-85CW262
5-85CW263

Eagle River
Eagle River
East Fork Eagle River
East Fork Eagle River

15/8
12/6
1.5
2.0

5/12/78
5/12/78
5/3/85
5/3/85

Stipulation

Applicant has agreed to the following tenns and conditions which will provide full protection for
the Board's instream flow water rights on the Eagle River and East Fork Eagle River.

· The Pando Feeder Canal water right changed herein shall only be altemately diverted
at the points of diversion set forth in paragraph 5(b) [of the proposed decree] when the
amount of water in the East Fork of the Eagle River and Eagle River upstream of the
original point of diversion of the Pando Feeder Canal equals or exceeds the amounts
of the instream flow water rights decreed in Water Division No. 5 Case Nos.
85CW262, 85CW263, W-381 I and W-3805. For purposes of detennining the
amount of water in the East Fork Eagle River to administer the foregoing term of the
change of water right as it relates to the instream flow of the Colorado Water
Conservation Board decreed in Water Division No.5 Case No, 85CW262, the point
of measurement shall be located at a point on the East Fork of the Eagle River within
500 feet downstream of the East Fork Pumping Plant to be located in the SEY<NEY< of
Section 32, T.7S., R.79W., 6'h P.M., at a point whence the NE comer of said Section
32 bears N.31 0 53' E. a distance of2414 feet.

. Applicants will install and maintain such measuring devices and implement' such
accounting procedures as may be required by the Division Engineer to administer the
tenns of this decree. The Colorado Water Conservation Board shall have access to
any such measuring device( s) at reasonable times to make readings therefrom.