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<br />. <br /> <br />Director's Report Attachment - September 25-26, 2000, 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 />. <br /> <br />"In the event the pretrial resolution includes terms and conditions preventing injury or <br />interference and does not involve a modification, or acceptance of injury or interference with mitigation, <br />the Board is not required to review and ratify the pretrial resolution. Staff may authorize its counsel to <br />sign any court documents necessary to finalize this type of pretrial resolution without Board ratification." <br /> <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 />1. Resolution of Case No. 5-99CW239; Smith and Hyde, <br /> <br />The Board ratified the statement of opposition filed in this case at its January 26-27, 2000, meeting. <br />The Board has instream flow water rights on Castle Creek and the Roaring Fork River that may have <br />been injured by this application. The Board's main objective in filing a statement of opposition in this case <br />was to prevent the Applicant from making out-of-priority diversions at times when the Board's instream <br />flow rights are not being satisfied. The Staff, in cooperation with the Attorney General's Office, has <br />negotiated a settlement that fully protects the Board's instream flow water rights. <br /> <br />Applicant proposes to augment depletions associated with a junior well and a junior storage <br />reservoir with releases from the Berlin Pond and Ruedi Reservoir. <br /> <br />The Board holds the following instream flow rights that could be injured by this application: <br /> <br />Case No. Stream Amount (cfs) Appropriation Dale <br />5-76CW2947 Castle Creek 12 1/14/76 <br />5-76CW2948 Roaring Fork River 32 1/14/76 <br />5-85CW646 Roaring Fork River 55/30 11/8/85 <br /> <br />. <br /> <br />Applicant has agreed to the following terms and conditions that will providc full protection for <br />the Board's instream flow water rights on Castle Creek and the Roaring Fork Ri ver: <br />. Applicant will only make out-of-priority diversions when the CWCB's affected instream flow <br />water rights are satisfied or when the Applicant is replacing its depletions in lime. amount, and <br />location, by releasing water from the Berlin Pond. <br />. Pursuant to ~37-92-502(5), Applicant shall install, maintain and monitor at locations determined <br />by the Division Engineer and at Applicant's expense such measuring devices deemed necessary <br />by the Division Engineer to administer the terms of this decree. <br /> <br />2. Resolution of Case No. 5-99CW71; Keywest Homeowners Assn. <br /> <br />The Board ratified the statement of opposition filed in this case at its July 26. 1999, meeting. The <br />Board has instream flow water rights on the Snake River that may be injured by this application. The <br />Board's main objective in filing a statement of opposition in this case was to prevent the Applicant from <br />making out-of-priority diversions at times when the Board's instream flow rights are not being satisfied. <br />The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that fully protects <br />the Board's instream flow water rights. <br /> <br />t7 <br />