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<br />. <br /> <br />.. <br /> <br />. <br /> <br />Agenda Item 12a(2) <br />Case No. 5-95CW334; Puma Paw Ranch, Inc. <br /> <br />Case Summarv <br /> <br />The Board ratified the Statement of Opposition filed in this case at its March 12-14, 1996, <br />meeting. This is an application for approval of a plan for augmentation on Middle Riffle Creek <br />near Rifle in Garfield County (see attached map). Applicant proposes to augment out-of-priority <br />diversions from the Youker Ditch, the DBS Ponds, and the Butler Creek Barrier Darn with <br />irrigation consumptive use credits made available from the dry up of 1.82 acres of land <br />historically irrigated under the Manning Ditch. <br /> <br />The Board holds an instream flow water right on Middle Rifle Creek for 3 cfs, year-round, with <br />an appropriation date of May 7, 1980. This instrearn flow right is junior in priority to the Youker <br />Ditch water right that is being augmented. <br /> <br />Stipulation <br /> <br />Applicant has agreed to the following terms and conditions which will provide full protection for <br />the Board's instream flow water rights on Middle Rifle Creek. <br /> <br />. The in stream flow decree held by the Colorado Water Conservation Board is junior in <br />priority to the Y oucker Ditch water right decreed for 1.0 cfs for irrigation purposes and 0.3 <br />cfs for domestic purposes on September 5, 1952, in Civil Action No. 4004. Therefore, <br />diversions at the Y oucker Ditch under this priority for the purposes originally decreed to this <br />water right will not cause injury to the CWCB instream flow. <br /> <br />However, out-of-priority diversions at the Y oucker Ditch under this plan for augmentation <br />may result in an expansion of the historic use of this water right. Thus, Applicant agrees to <br />either: <br /> <br />1) curtail its out-of-priority diversions under this plan for augmentation, or <br />2) replace said out-of-priority diversions at or upstream of its diversion structure(s) <br /> <br />at any time the streamflow in Middle Rifle Creek immediately below Applicant's diversion <br />structure(s) in less than 3 cfs, the amount of the Board's instream flow right. <br /> <br />. Pursuant to 37-92-502(5), Applicants shall, at their own expense, install, maintain, and <br />monitor such measuring devices and implement such accounting procedures as may be <br />required by the State or Division Engineer to administer the terms of this decree. The <br />Colorado Water Conservation Board shall have access to any such measuring device(s) at <br />reasonable times in order to make readings therefrom. <br />