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<br />. <br /> <br />Agenda Item 21 a(1) <br />Case No. 1-97CW076; Jackson Creek Properties, LLC <br /> <br />e <br /> <br />CaseSummarv <br /> <br />The Board ratified the statement of opposition filed in this case at its May 13-14, 1997, <br />meeting. This is an application for groundwater rights from not nontributary or nontributary <br />Denver Basin aquifers, change of water rights, and approval of a plan for augmentation. <br />Pursuant to Denver Basin Aquifer's rules, Applicant's plan for augmentation seeks to <br />replace depletions from Jackson Creek via return flows from up to 400 residential units and <br />two golf courses on 1320 acres in Douglas County near Sedalia Applicant requests a <br />change of the amount of water consumptively used by irrigation from the Jackson Creek <br />Highline Ditch and the Houston Ditch and first enlargement to be used: (I) as credits to be <br />reserved by applicant for replacement of post-pumping depletions associated with the use of <br />not nontributary groundwater or (2) for replacement of depletions from various water uses <br />on the property, including evaporative losses associated with storage which may be <br />requested for use on the property in the future. Applicant also requested three alternate <br />points of diversions for the ditches. <br /> <br />The Board has the following instream flow appropriations on Jackson Creek: <br /> <br />Case No. <br /> <br />Stream <br /> <br />Amount (cfs) <br /> <br />Aporoti. Date <br /> <br />e <br /> <br />1-97CW076 <br /> <br />Jackson Creek <br /> <br />3/1 <br /> <br />09/05/86 <br /> <br />Stioulation <br /> <br />Applicant has agreed to the following terms and conditions which will provide full <br />protection for the Board's instrearn flow water rights on Jackson Creek. <br /> <br />. At times when the Instream Flow is not met Applicant agrees to either curtail <br />out-of-priority diversions, or, to replace depletions at or above the point of <br />depletion on Jackson Creek. <br /> <br />. Applicant agrees to replace not nontributary return flows at or above the point <br />of depletion on Jackson Creek. <br /> <br />. Applicant agrees to install, maintain, and monitor such measuring devices <br />deemed necessary by the Division Engineer to administer the terms of its <br />decree. <br /> <br />. Applicant will continue to divert the consumptive use surface water through <br />the original and three alternate points of diversion for irrigation purposes. <br />Diversion will cease as the water is used for augmentation credits. <br /> <br />e <br /> <br />IIDENVER2ICWCBIWCTRANSISECClmjsbdmemI197cw76som.doc <br />