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<br />. t . " Director's Report Attachment - September 27-28, 1999, Board Meeting <br />Stream and Lake Protection Program <br />Summary of Resolved Cases <br /> <br />. Section 9.41 of the ISF Rules states that: <br /> <br />"In the event the pretrial resolution includes terms and conditions preventing injury or interference and <br />does not involve a modification, or acceptance of injury or interference with mitigation, the Board is not <br />required to review and ratify the pretrial resolution. Staff may authorize its counsel to sign any court documents <br />necessary to finalize this type of pretrial resolution without Board ratification." <br />Staff has resolved issues of potential injury in the following water court case and authorized the <br />Attorney General's Office to enter into stipulations that protect the CWCB's water rights: <br /> <br />(I) Case No. 5-98CW092; Town of Carbondale (Crystal River) <br /> <br />The Board ratified the Statement of Opposition filed in this case at its September 21-22,1998, meeting. <br />This is an application for underground water rights and change of water rights on the Crystal River near <br />Carbondale in Garfield County. Applicant requests a new, junior water right at CR Well No.2 and a change of <br />water right to add CR Well No.2 as an additional point of diversion for its municipal water system. CR Well <br />No.2 would also be included as a water right to be augmented pursuant to the augmentation plan decreed in <br />Case No. 88CW421. <br /> <br />The Board holds the following instream flow water rights that may be injured by this application. <br /> <br />Case No. Stream Amount (cfs) Approp. Date <br />5-75W2720 Crystal River 100/60 5/01/75 <br /> <br />. The applicant has agreed to the following terms and conditions to protect the CWCB's instream flow <br />61i1fater rights on the Crystal River. <br /> <br />. Consistent with the terms and conditions agreed to in Paragraphs l6.C(3) and 16.C(5) of the decree entered <br />in Case No. 88CW421: <br /> <br />During the historic irrigation season of April 15 through October, Applicant may divert the subject water <br />rights (i.e., the Carbondale, Priority No. 408, the Rockford, and the Bowles & Holland Ditch rights) at CR Well <br />No.2, even though the streamflow in the Crystal River is not sufficient to satisfy the minimum streamflow <br />decreed to the CWCB in Case No. W-2720 to the extent that water is physically available and in priority at the <br />original point( s) of diversion for the subject water rights, and provided that the combined diversion rates of CR <br />Well No.2 and Crystal River Well No. I are limited as follows: <br />Maximum Combined Diversion <br />Ditch Rate at Alternate Points <br /> <br />Carbondale (priority No. 408 <br />Rockford <br />Bowles & Holland <br /> <br />1.70 cfs <br />1.15 cfs <br />1.97 cfs <br /> <br />Applicant agrees to install and maintain such measuring devices deemed necessary by the Division Engineer to <br />administer this decree within the terms of this stip <br /> <br />. <br />