BOARD02218

• Board Meeting Date: 1/12/1998
• Description: ISF Section - Informational Items - Summary of Resolved Cases
• Board Meetings - Doc Type: Memo

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Agenda Item 21a(7)
Case No. 5-97CW057; Brett Ranch Holding, LLC

Case Summary

The Board ratified the statement of opposition filed in this case at its May 12-13, 1997, meeting.
This is an application for change of water rights, for conditional water right, for right of exchange,
and for plan for augmentation on the Eagle River and Lake Creek near Edwards in Eagle County (see
attached map). Applicant seeks alternate points of diversion for its Brett Ditch water rights, Brett
Ranch Wells, and Brett Ranch Spring at the UERW A Pipeline, MetcalfHeadgate, and Raw Water
Booster Pump. Applicant also proposes a plan for augmentation to replace out-of-priority depletions
from commerciallresidential development using consumptive use credits previously quantified and
decreed to the Brett Ranch water rights and water stored on-site in Brett Ranch Ponds.

The Board holds the following instrearn flow decrees on the Eagle River:

Case No.
5-80CW134
5-80CW126

Stream
Eagle River
Eagle River

Amount (cfs)
85/35
11 0/45

A,p,prop. Date
3/17/80
3/17/80

Stipulation

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

. Applicant agrees to curtail its change of water rights and its exchange at anytime the
Board's instream flow water rights are not being satisfied in the stream reach
between the Applicant's point of waste water return and the MetcalfHeadgate.

. Applicant agrees to curtail out-of-priority diversions at the Metcalf Headgate and the
Raw Water Booster Pump under its plan for augmentation at anytime the Board's
instrearn flow water rights are not being satisfied in the stream reach between the
Applicant's point of waste water return and MetcalfHeadgate or Raw Water Booster
Pump unless such out-of-priority diversions are fully replaced at or upstrearn of these
points of diversion.

. Applicant agrees to curtail out-of-priority diversions at its points of diversion on
Lake Creek under its plan for augmentation at anytime the Board's instrearn flow
water rights are not being satisfied in the strearn reach between the Applicant's point
of waste water return and the confluence of the Eagle River and Lake Creek unless
such out-of-priority diversions are fully replaced at or upstrearn of said confluence.

. Applicant agrees to install, maintain and monitor such measuring devices deemed
necessary by the Division Engineer to administer the terms of its decree.

A:1597CWOS7.STP