Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />. <br /> <br />Agenda Item 12a(l) <br />Case No, 5-96CW377; Town of Gypsum <br /> <br />Case SummarY <br /> <br />The Board ratified the Statement of Opposition filed in this case at its March 20-21, 1997, meeting, This is an <br />application for changes of water rights to its plan for augmentation decreed previously in Case No, 85CW600 on <br />Gypsum Creek and the Eagle River near Gypsum in Eagle County (see attached map), Applicant seeks to dedicate <br />consumptive use credits from the dry-up of lands previously irrigated under the Schliff Ditch to replace out-of- <br />priority depletions at the Town's Holy Cross Well No, I. Applicant also requests a change of use for the Grundell <br />Brothers Ditch senior water right from irrigation purposes only to irrigation, domestic, commercial, industrial, and <br />all other municipal uses at the Town's Norgaard Treatment Plant Diversion. Applicant indicates that this change <br />will be limited to the historic irrigation season of the Grundell Brothers Ditch water right. Lastly, Applicant <br />requests the right to exchange consumptive use credits from the outfall of the Town's municipal wastewater <br />treatment plant on the Eagle River to the Norgaard Treatment Plant Diversion point on Gypsum Creek under a <br />January 25, 1994, exchange date, <br /> <br />The Board holds the following in stream flow decrees which could be injured by this application: <br /> <br />Case No, <br /> <br />Stream <br /> <br />Amount (cfs) <br /> <br />Approp. Date <br /> <br />5-80CW124 <br />5-80CW116 <br /> <br />Eagle River <br />Gypsum Creek <br /> <br />130/50 <br />6 <br /> <br />3/17/80 <br />3/17/80 <br /> <br />Stipulation <br /> <br />Applicant has agreed to the following terms and conditions which will provide full protection for the Board's <br />instream flow water rights on Gypsum Creek and the Eagle River. <br /> <br />. The Town's transfer of the Grundell Brothers Ditch priorities will be limited to the historic season of <br />use, mid-April thru October 31, depending on seasonal variations. The Town's use will be confined to <br />May 1 thru October 31 except in years when it can be demonstrated that the Grundell Brothers Ditch is <br />being operated in April by the owner(s) of the remaining water rights carried in the ditch structure, <br /> <br />. Applicant will confine cumulative diversions from its interest in the Grundell Brothers Ditch rights to <br />the above-described amounts, which appear in Table III (of the draft ruling), at the existing and <br />alternate points of diversions, <br /> <br />. Applicant makes claim for an appropriative right of exchange, with an appropriation date of January <br />25, 1994, for an exchange of consumptive use credits. Such exchange may be operated whenever the <br />streamflow in Gypsum Creek within the exchange reach is 6 cfs or greater and a water right senior to <br />the date of the exchange is not placing a call within the exchange reach, Applicant agrees that this <br />term shall be in effect at all times and shall not be conditioned on the CWCB placing an administrative <br />call for its instream flow water right. <br /> <br />. Pursuant to C.R.S. S 37-92-502(5), Applicant shall install, and maintain, and monitor at locations <br />determined by the Division Engineer, and at Applicant's expense, such measuring devices, implement <br />such accounting procedures, and supply such calculations regarding the timing of depletions, as may <br />be required by the Division Engineer. The ewes, the State and Division Engineer, or designated <br />agents shall have access to such measuring devices as needed. <br /> <br />. Applicant agrees to continue to abide by the terms and conditions which were decreed in Case No. <br />85CW600, <br />