BOARD02414

• Board Meeting Date: 9/25/2000
• Description: Directors' Reports
• Board Meetings - Doc Type: Memo

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Applicant proposes to appropriate water for a junior surface diversion and storage. Applicant als.
seeks a junior storage right. Applicant seeks to make out-of-priority diversions, and replace these
depletions with water stored in priority into the storage reservoir. The augmentation source is upstream
from where the depletions will affect Crooked Creek.

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

Case No. Stream Amount (cfs) Appropriation Date

5-90CW298
5-90CW301

Crooked Creek
Crooked Creek

4.5/1.0
6.0/1.5

11/27/90
11/27/90

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

o Applicant will only make out-of-priority diversions when the CWCB's affected instream flow
water rights are satisfied or when the Applicant is replacing the depletions in time, amount, and
location.
o Pursuant to ~37-92-502(5), Applicant sl1all 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. Resolution of Case No. 5-92CW236; Climax Molybdenum Company

The Board ratified the statement of opposition filed in this case at its March 4-5, 1993, meeting.
The Board has instream flow water rights on l'enmile Creek, the East Fork of the Arkansas River, andA
on the East Fork of the Eagle River that may l1ave been injured by this application. The Board's mai~"
objective in filing a statement of opposition in tI1is case was to prevent an expansion of use and to protect
the CWCB instream flow water rights. 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 limit its depletions to its historic depletions.

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

Case No. Stream Amount (cfs) Appropriation Date
2-77CW4646 E.F. Arkansas River 15 1/19/77
5-85CW262 E.F. Eagle River 1.5 5/3/85
5-86CW209 Tenmile Creek 10/7 3/14/86
Applicant has agreed to the following terms and conditions that will provide full protection for
the Board's instream flow water rights on Tenmile Creek, the East Fork of the Arkansas River, and the
East Fork of the Eagle River:
o Applicant will only make diversions to storage under its Eagle River water rights when those
water rigl1ts are in priority.
· In any single year the Applicant will limit its Eagle Basin water right depletions to 398 acre-feet
and the five-year running average annual depletion limit shall be limited to 243 acre-feet.
· The Tenmile Creek depletions shall be limited to the historic depletion amounts, which include
no diversions from November-March.
· "Unless otherwise approved by the Colorado Water Conservation Board ("CWCB") pursuant to .-
C.R.S. section 37-92-102(4)(b), Applicant shall not deliver water attributable to its Tenmile -
Creek water rights to lessees in basins otl1er than the Tenmile Creek basin if said deliveries
would cause the flow of Tenmile creek to drop below the CWCB's Tenmile Creek minimum

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