BOARD02273

• Board Meeting Date: 5/11/1998
• Description: ISF Section - Informational Items - Summary of Resolved Cases
• Board Meetings - Doc Type: Memo

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Agenda Item 12a(6)
Case No. 5-97CWI15; Adelson.

Case Summary

The Board ratified the Statement of Opposition filed in this case at its July 21, 1997, meeting.
This is for a change of water rights on East Sopris Creek, a tributary of Sopris Creek and the
Roaring Fork River in Pitkin County near Basalt (see attached map). Applicant seeks two
alternate points of diversion. The first change involves a downstream alternate point of diversion
on East Sopris Creek for the Finley No.1 Johnson Power Plant Enlargement. The Finley No. 1
Johnson Power Plant Enlargement is decreed for 7.0 cfs with a 1986 priority date. In addition,
Applicant requests upstream alternate points of diversion for Finley Ditches Nos. 2, 3, and 5 to
the Finley Ditch No. I / 4 headgate. Finley Ditch Nos. 2, 3, and 5 are decreed for a total of 2.6
cfs with 1922 priority dates.

The Board holds an instream flow decree on East Sopris Creek for 3.0 cfs with an appropriation
date ofJanuary 14, 1976.

Stipulation

The Applicant has agreed to the following terms and conditions which will provide full
protection of the Board's instream flow water right on East Sopris Creek.

. Applicant has agreed that at times when the Board's Instream Flow water right on
East Sopris Creek is not being satisfied they will either curtail out-of-priority
diversions or will replace depletions at or above the point of depletion on East Sopris
Creek.

· The applicant will install, maintain, and monitor at locations determined by the
Division Engineer, such measuring devices as may be deemed necessary by the
Division Engineer to administer the terms of the decree. The CWCB, the State and
Division Engineer and their agents shall have access to such measuring devices at
reasonable times in order to make readings therefrom.

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