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, . e . Agenda Item 12a(3) Case No. 5-92CW347; Starwood PUD Case Summarv The Board ratified the Statement of Opposition filed in this case at its July 8-9, 1996, meeting. This is an amended application for surface water rights, storage water rights, groundwater rights and approval of a plan for augmentation on the Roaring Fork River near Aspen in Pitkin County (see attached map). Applicant proposes to augment out-of-priority diversions from Starwood Well No.5 and Starwood Well No. I First Enlargement with releases of water stored in either Ruedi Reservoir or Starwood Pond. The Board holds an instream flow water right on the Roaring Fork River for 55 cfs, summer, and 30 cfs, winter, with an appropriation date of November 8, 1985. Stioulation Applicant has agreed to the following terms and conditions which will provide full protection for the Board's instream flow water rights on the Roaring Fork River. . The instream flow decree held by the CWCB is senior in priority to the Starwood Well No. I First Enlargement and the Starwood Well No.5. Diversions made by the Starwood Well No.5 and Starwood Well No. I First Enlargement which are out-of- priority vis-a-vis the Board's right cannot be adequately augmented by releases from Ruedi Reservoir as contemplated in the Applicant's augmentation plan. The instream flow decree held by the CWCB is junior in priority to the Starwood Well No.1 as decreed in 81CW490 for 0.1 cfs and made absolute in 87CW032. Therefore, diversions at Starwood Well No. 1 under this priority will not cause injury to the CWCB instream flow. However, out-of-priority diversions at Starwood Well No.1 may result in an expansion of the historic use of this water right and such out-of- priority diversions cannot be replaced by releases from Ruedi Reservoir as contemplated in the Applicant's augmentation plan. Thus, at such time as the Roaring Fork River is at or below the minimum stream flow, and such depletions are due to out-of-priority diversions from Starwood Well No.1, Starwood Well No.1 First Enlargement, or the Starwood Well No.5, the Applicant agrees that it will either provide replacement releases from the Starwood Pond to augment the depletions to the minimum instream flow decrees or provide other augmentation water which is acceptable to the State and Division Engineer for Water Division 5, so as to mitigate the injury to the minimum instream flow. . Applicants shall, at their own expense, install, maintain, and monitor such measuring device(s), as deemed necessary by the Division Engineer, to administer the terms of this decree. A:\592CW347.STP -.