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, e e e Agenda Item 2Ia(4) Case No. 5-94CW290; Town of Eagle Case Summary The Board ratified the statement of opposition filed in this case at its March 13-14,1995, meeting. This is an application for change of water rights on Brush Creek near Eagle in Eagle County (see attached map). Applicant proposes to store consumptive use credits from the Love and White Ditch Second Enlargement and the Upper Frost Ditch First Enlargement in Sylvan Lake. The Board holds the following instream flow decrees on Brush Creek and West Brush Creek: Case No. 5-77W3626 5-77W3625 Stream West Brush Creek Brush Creek Approo. Date 7/27/77 7/27/77 Amount (efs) 8 12 Stipulation Applicant has agreed to the following terms and conditions which will provide full protection for the Board's instream flow water rights on Brush Creek and West Brush Creek. . For the past 50 years, evaporative and seepage losses from Sylvan Lake have been replaced by allowing inflow into the reservoir and not releasing all inflow from the reservoir's outlet structure. Such continuous fill to replace evaporation and seepage losses from the reservoir was a condition in existence on the stream at the time of the adjudication of the CWCB's instream flow filings. Therefore, pursuant to C.R.S. 37- 92-1 02(3)( c), the CWCB agrees that its Brush Creek instream flow water rights will not be injured by the change of water right requested in this application to the extent that it is consistent with the continuation of this historic practice. To ensure that the proposed change does not result in an expansion of the historic practice, Applicant agrees that, at such times as the CWCB's instrearn flow water rights on West Brush Creek and Brush Creek in the stretch between Sylvan Lake and the Town's intake structure are not met, excess consumptive use credits, above those used to directly replace seepage and evaporative losses, may not be exchanged upstream to storage in Sylvan Lake; i.e., Applicant agrees not to raise the water surface elevation of Sylvan Lake at times when the CWCB's instream flow rights are not being satisfied. . With regard to the CWCB's instream flow water rights, Applicant agrees that the tenns of this stipulation shall be in effect at all times and shall not be conditioned on the CWCB placing a "valid senior" administrative call for its instrearn flow rights. . Applicant agrees to install, maintain and monitor such measuring devices deemed necessary by the Division Engineer to administer the terms of its decree. A:\594CW290.STP