BOARD02312

• Board Meeting Date: 11/19/2001
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Applicant proposes to divert water from new junior diversions on Tenmile Creek. Applicant has aU!lt.llentation
sources on Tenmile Creek, on the Blue River, and on Muddy Creek.

. The Board holds the following instream flow rights which could be injured by this application:

Case No.
5-90CW294
5-90CW308
5-80CW447
5-80CW446
5-80CW448

Stream
Ten-Mile Creek
Fraser River
Colorado River
Colorado River
Colorado River

Amount rcfs) Appropriation Date
4 (411-8/31) 2 (911-3/31)
30 (5/15-8/31) 19 (9/1-5/14)
90
135
150

11/27/90
11127/90
7/8/80
7/8/80
7/8/80

The Applicant has agreed to the following terms and conditions that will provide full protection for the Board's
instream flow water rights on Ten-Mile Creek, on the Fraser River, and on the Colorado River:

· Applicant will only divert its junior surface diversions when the CWCB' s instream flows on Ten-Mile Creek and
the Fraser River, identified above, are satisfied, or if the applicant provides adequate augmentation water (in time
and amount) at or above the location where the depletions impact the river system.
· Applicant will not operate its exchange from the confluence of the Blue River and the Colorado River to the Val
Moritz wells and the Silver Creek Meadows Golf Diversions unless the intervening water rights of the CWCB,
identified above are satisfied.
. Pursuant to ~37-92-502(5), Applicant shall install, maintain and monitor at locations determined by the Division
Engineer, and at Applicant's expense, such measuring devices deemed necessary by the Division Engineer to
administer the terms of this decree.

(3) Case No. 5-99CW306; Pitkin County

e

The Board ratified these statements of opposition filed in this case at its March 20-21, 2000, meeting. The Board
has instream flow water rights on the Roaring Fork River that may be injured by this application. The Board's main
objective in filing a statement of opposition in this case was to prevent the Applicant from diverting water out-of-priority at
the alternative points of diversion at times when the Board's instream flow rights on the Roaring Fork River are not being
satisfied. The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that fully protects the
Board's instream flow water rights.

Applicant proposes to divert water from an alternative point of diversion upstream on the Roaring Fork River.
Applicant has augmentation sources on the Roaring Fork River that may provide adequate replacement water upstream of
where the depletions impact the Roaring Fork River.

The Board holds the following instream flow rights which could be injured by this application:

Case No.
5-85CW646
5-85CW639

Stream
Roaring Fork River
Roaring Fork River

Amount (cfs) Appropriation Date
55/30
145/75

11/8/85
11/8/85

The Applicant has agreed to the following terms and conditions that will provide full protection for the Board's
instream flow water rights on the Roaring Fork River:

Applicant will only divert at its alternate point of diversion when the CWCB's instream flows on the Roaring Fork
River, identified above, are satisfied, or if the applicant provides adequate augmentation water (in time and
amount) at or above the location where the depletions impact the river system.
Pursuant to ~37-92-502(5), Applicant shall install, maintain and monitor at locations determined by the Division
Engineer, and at Applicant's expense, such measuring devices deemed necessary by the Division Engineer to .
administer the terms of this decree.

.

e

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