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Agenda Item 2Ia(2) Case No. 3-97CWOI0; Fun Valley, Inc. e Case Summary The Board ratified the statement of opposition filed in this case at its September 22-23, 1997, meeting. This is an application for exchange of water rights on the South Fork of the Rio Grande and the Rio Grande near the Town of South Fork in Rio Grande County (see attached map). Fun Valley, Inc. owns 21 small "flow-through" fishponds with an aggregate surface area of approximately 7 acres and a volume of22 AF. The ponds are filled during the spring runoff and drained at the end of September. To fill the Fun Valley Ponds, Applicant proposes to exchange 22 AFlYr from the Rio Grande Reservoir located on the main stem of the Rio Grande down to the confluence of the Rio Grande and the South Fork of the Rio Grande, then up the South Fork of the Rio Grande to the Fun Valley Ponds. Applicant proposes to drain the ponds at the end of each summer and exchange the 22 AFlYr from the Fun Valley Ponds back up to the Rio Grande Reservoir or other upstream storage facilities until it is needed at the beginning of the next spring. In addition to the 22 AFlYr needed to fill the Fun Valley Ponds, Applicant proposes to exchange 2.2 AFlYr from the Rio Grande Reservoir to the confluence of the Rio Grande and the South Fork of the Rio Grande to account for the transit losses associated with the delivery and re-delivery of the 22 AFlYr. CWCB Approoriations The Board holds the following instream flow decrees on the South Fork of the Rio Grande River. Case No. Stream Amount ( cfs) AODroo. Date e 84CW162 South Fork Rio Grande 45/20 08/16/1982 84CWl63 South Fork Rio Grande 50/25 08/16/1982 83CW040 Rio Grande 55/22 08/16/1982 83CW049 Rio Grande 90/45 08/16/1982 83CW039 Rio Grande 150/65 08/16/1982 83CW042 Rio Grande 160/80 08/16/1982 Stioulation Applicant has agreed to the following terms and conditions, which will provide full protection for the Board's ISF water rights on the Rio Grande and the South Fork of the Rio Grande. . Applicant shall exchange water between the Rio Grande Reservoir or other upstream storage facilities and the Fun Valley Ponds only at times when the Board's instream flow water rights decreed in case Nos. 83CW039, 83CW040, 83CW042, 83CW049, 84CW162, and 84CW163 are met. . Applicant agrees to install and maintain such measuring devices deemed necessary by the Division Engineer to administer the terms of this stipulation . These terms shall be in effect at all times and shall not be conditioned on the Board's placing an administrative call for its instrearn flow water rights. e c:ldatalwor<l\sop\397CWO 10Iratstipu.dcx: