BOARD02200

• Board Meeting Date: 3/26/2001
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

case was to prevent the Applicant from making diversions at the alternate point of diversion, at
times when the Board's instream flow rights are not being satisfied, in excess of the amount of
water physically and legally available at the original point of diversion. 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 instrearn flow rigllts that could be injured by this
application: .

Case No.
5-77CW3636
5-86CW2l6
5-80CW134

Amount (efs) Aoorooriation Date
22 (5/1-9/30) 8 (10/1-4/30)
14 (10/1-10131)
85 (4/1-9/30) 35 (1011-3131)

Stream
Gore Creek
Gore Creek (eo1)
Eagle River

7/27/77
5/9/86
3/17/80

Applicant has agreed to the following terms and conditions that will provide full protection for
the Board's instream flow water rights on Gore Creek and the Eagle River:

. Applicant wiillimit diversions at the alternate points of diversion to those times when water
is physically and legally available at the original diversion points, however, this limitation
shall not prevent Applicant from diverting at the alt~rnate points of diversion when the
CWCB's instream flow rights on Gore Creek are not being met.

~ %" A",/"

.

(3) Case No. 5-99CW240; Horseback, Inc.

The Board ratified the slatement of opposition filed in this case at its January 26-27,2000, .
meeting. The Board has instream flow water rights on the Roaring Fork River that could have
been injured by this application. The Board's main objective in filing a statement of opposition
in this case was to prevent the Applicant from diverting water at the new upstream point of
diyersion at times when the. Board's instream flow rights are not being satisfied, and to assure
that the Applicant's augmentation plan replaced its depletions in time, place and amount. The
Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that fully
protects the Board's instream flow water rights.

Applicant proposes to change water from its diversion point to be diverted upstream at an
alternate point of diversion on the Roaring Fork River, and to obtain a decree for an
augmentation plan. .

The Board holds the following inslream flow rights that could be injured by this application:

Case No..
5-85CW646
5-85CW639

Amount( cfs) Aoorooriation Date
55/30 11/8/85
145/75 1118/85

Stream .
Roaring Fork River
Roaring Fork River

The Applicant has agreed to the following terms and' conditions that will provide full protection
for the Board's instream flow water rights on the Roaring Fork River:

.