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Last modified
8/16/2009 3:13:38 PM
Creation date
10/4/2006 7:12:43 AM
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Template:
Board Meetings
Board Meeting Date
1/24/2006
Description
ISF Section - Proposed terms and conditions, Yellowjacket Canyon Creek, Montezuma County
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />8, In an application for any type of proposed change of a senior conditional water right <br />located upstream of this ISF water right, the CWCB may file a Statement of Opposition <br />but shall stipulate to the entry of a decree if the proposed change does not increase the <br />contemplated draft of the original decree, CWCB acknowledges that development of <br />senior conditional storage water rights are likely to include storage of spring of the year <br />flows that will have an impact on this ISF water right. Such conditional water rights shall <br />be allowed to be moved anywhere in the basin upstream of this [SF water right as long as <br />the new location does not increase the impact to this [SF water right. <br /> <br /> <br />. <br /> <br />9, Pursuant to C.R,S, 37-92-102(3)(b), this [SF water right shall be subject to any <br />undecreed historic water uses, including but not limited to uses from wells and livestock <br />watering, being made on or before the date the CWCB appropriated this ISF water right, <br />provided that such uses are documented in writing and, when possible, confinned by the <br />Division of Water Resources prior to entry of the decree herein, Subsequent to the entry <br />of a decree for the Yellowjacket Canyon Creek [SF water right, if a water court <br />application is filed that seeks to adjudicate an historic use that was not acknowledged in <br />the CWCB's decree, the CWCB may file a statement of opposition, but will stipulate to <br />the Yellowjacket Canyon Creek ISF being subject to the historic use provided that such <br />use is documented in writing (e,g, well pennits) and, when possible, confinned by the <br />Division of Water Resources, Subsequent to the entry of a decree for the Yellowjacket <br />Canyon Creek ISF water right, if a water user notifies the CWCB of an undecreed <br />historic use that was occurring on or before the date the CWCB appropriated this ISF <br />water right and provided that such use is documented in writing and, when possible, <br />confirmed by the Division of Water Resources, the CWCB shall provide all <br />documentation received to the Division of Water Resources and shall not place a call <br />against said historic use, <br /> <br />10. The CWCB shall not oppose the permitting of up to 150 new future undecreed <br />domestic wells provided that (1) on-site individual septic disposal systems are used to <br />treat the wells' wastewater and (2) the actual consumptive use from such wells does not <br />exceed 5,63 acre-feet per year, because such impacts would be de minimis, If the ISF <br />stream segment defined herein is designated as water critical by the CDWR as a result of <br />a call by the ISF waterright decreed herein, this ISF shall not be utilized to (1) preclude <br />the development of new "Domestic Wells", defined as wells on less than 35 acres, <br />regardless of when platted, that serve one house, irrigate up to 1/10 of an acre, water <br />domestic animals and produce no more than 15 gpm, or (2) as a basis for rebutting the <br />presumption established in section 37-92-602(3)(b)(II)(A), C.R,S, (2005) regarding wells <br />to be permitted under that section ("602(3)(b)(II)(A) Wells"), if the actual cumulative <br />consumptive use from such Domestic Wells and 602(3)(b)(II)(A) Wells does not exceed <br />the CWCB de minimis allowance (Domestic Wells), As used herein, the de minimis <br />allowance for an ISF water right means a depletive effect of one percent of the decreed <br />ISF amount on the stream reach subject to the lSF water right. The CWCB shall not <br />utilize this ISF water right to request that such Domestic Wells be required to have a plan <br />for augmentation, However, if the ISF stream segment defined herein is designated as <br />water critical by the CDWR as a result, in whole or in part, of a call by any water right <br /> <br />. <br />
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