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<br />. <br /> <br />. <br /> <br />.. <br /> <br />306 <br /> <br />appropriation dates of November 3, 1994 and September 14, 1994, respectiveIy, which may be <br />injured by this application, Consumptive use credits associated with the Harriman and Warrior <br />ditches, and water stored in Soda Lakes, will not replace depletions in time, place and amount to <br />augment the depletions that will impact the Board's instream flow rights on Troublesome and <br />Bear Creeks, In addition, since the wastewater will be treated downstream, the Board's instream <br />flow right would be il1iured from the point of diversion to the wastewater treatment plant beIow <br />Evergreen Lake, <br /> <br />Stipulation <br /> <br />At the time of the filing of the statement of opposition, staff relied on the information provided in <br />the application and determined that the proposed plan for augmentation depleted greater than I % <br />of the Board's instream flow water right on Troublesome Creek. During settlement discussions, <br />the Applicant provided staff with information indicating that only one of the 21 wells will be drilled <br />in a location so that its depletions will be tributary to Troublesome Creek. The other 20 wells will <br />be drilled in locations so that their depletions will be tributary to Bear Creek. The AppIicant <br />suggests that with these restrictions, the impacts to the Board's instream flow water rights on Bear <br />and Troublesome Creeks would be de minimis, The Applicant has provided a proposed decree, and <br />additional information about the number of times when the Board's instream flows have not been <br />satisfied (See attached letter from David Lindholm and supporting documentatiOll), <br /> <br />Based on this information, and our own independent analysis (See attached memo from Balunan <br />Hatami), the cumulative impacts to the Board's instream flow rights on Bear Creek and <br />Troublesome Creek (including the depletions associated with the Applicant's wells) will be less <br />than 1 %, <br /> <br />The Applicant requests that the Board recognize the impact to its instrearn flow right as de minimis <br />based on the information provided. <br /> <br />Flood Conttol and Floodplain Management-Larry Lang, Chief. Water Project Planning and Construction_ Mike Serlet. Chief. <br />Instream Flows and Waler Rights lnvestigations.Dan Merriman, Cbief. Interstate Streams Investigations-Randy Seahohn, Chief. <br />Office of Conservation Planning-William Stanton, Chief. Personnel and Budget -Susan Maul, Chief <br />