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<br />, <br /> <br />Agenda Item 21a(5) <br />Case No. 5-94CW292; Town of Eagle <br /> <br />e <br /> <br />Case Summary <br /> <br />The Board ratified the statement of opposition filed in this case at its March 13-14, 1995, meeting. <br />This is an application for plan for augmentation on Brush Creek, West Brush Creek, and the Eagle <br />River near Eagle in Eagle County (see attached map). Applicant requests the addition of Sylvan <br />Lake as an augmentation source for its current plans for augmentation which were previously <br />decreed in Case Nos. 87CW386 and 80CW345. The CWCB was party to, and obtained protective <br />terms and conditions in, each of the Applicant's previously decreed augmentation plans. <br /> <br />The Board holds the following instream flow decrees on the Eagle River, Brush Creek, and West <br />Brush Creek: <br /> <br />Case No. <br />5-77W3626 <br />5-77W3625 <br />5-80CW124 <br />5-80CW126 <br /> <br />Strearn <br />West Brush Creek <br />Brush Creek <br />Eagle River <br />Eagle River <br /> <br />Amount (cfs) <br />8 <br />12 <br />130/50 <br />11 0/45 <br /> <br />Approp. Date <br />7127/77 <br />7/27/77 <br />3/17/80 <br />3/17/80 <br /> <br />Stipulation <br /> <br />e Applicant has agreed to the following terms and conditions which will provide full protection for <br />the Board's instream flow water rights on the Eagle River, Brush Creek and West Brush Creek. <br /> <br />. Applicant shall be allowed to use Sylvan Lake as an additional source of <br />augmentation water as set forth in the decrees entered in case Nos. 87CW386 and <br />80CW345 provided that all of the terms and conditions of those prior decrees shall <br />control with respect to this case's arnendment of those decreed water rights and any <br />out-of-priority diversion which is augmented by releases of water stored in Sylvan <br />Lake shall not deplete the flow of any stream in which the CWCB has an instream <br />flow below that amount decreed to the CWCB. <br /> <br />. With regard to the CWCB's instream flow water rights, Applicant agrees that the <br />terms of this stipulation shall be in effect at all times and shall not be conditioned on <br />the CWCB placing a "valid senior" administrative call for its instream flow rights. <br /> <br />. Applicant agrees to install, maintain and monitor such measuring devices deemed . <br />necessary by the Division Engineer to administer the terms of its decree. <br /> <br />A:\S94CW292.STP <br /> <br />e <br />