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<br />. <br /> <br />. <br /> <br />. <br /> <br />.. Any decree entered in this case is not intended to be, and shall not be construed, cited or <br />relied upon, in any subsequent application or administrative proceeding regarding <br />appropriative rights of exchange claimed by Applicants other than those claimed herein, as <br />binding precedent regarding such other exchanges on issues including, but not limited to, the <br />appropriation date and/or priority date claimed for such exchange. <br /> <br />· Pursuant to Section 37-92-502 C.R.S., Applicants shall install, maintain, and monitor at their <br />own expense any measuring device(s) ordered by the State or Diyision Engineer to <br />administer the terms of the decree. The Board, the State Engineer, and/or their agents shall <br />have access to such measuring device(s) at reasonable times in order to make readings <br />therefrom. <br /> <br />3. Case No. 5-95CW209; East West Partners <br /> <br />The Board ratified the Statement of Opposition filed in this case at its January 25, 1996, <br />meeting. This is an application for alternate points of diversion on Brush Creek near the town of <br />Eagle in Eagle County. Applicant is proposing four upstream, alternate points of diversion for its <br />interest in the senior CKP Ditch water right. Applicant also requests the right to use the water on <br />lands other than those historically irrigated. <br /> <br />The Board holds the following instream flow water rights that may be injured by this <br />application: <br /> <br />Case No. Stream Amount (cfs) Appropriation Date <br /> <br />5-80CW124 <br />5-77W3625 <br /> <br />3/17/S0 <br />7/27/17 <br /> <br />Eagle River <br />Brush Creek <br /> <br />130/50 <br />12 <br /> <br />Applicant has agreed to the following terms and conditions that will provide full <br />protection for the Board's instream flow water rights on Brush Creek and the Eagle River. <br /> <br />Applicant will permanently discontinue use of the subject water rights for irrigation of lands <br />historically irrigated by the subject water rights. <br /> <br />.. Diversions at the alternate points of diversion are limited to the amounts and times when <br />water is actually and legally available at the original points of diversion. Diversions at all <br />original and alternate points cannot exceed the total aggregate amount of original water <br />rights. <br /> <br />.. At any time the flow in Brush Creek is at or below the minimum stream flow decreed in Case <br />No. W-3625, all diversions under the subject water rights shall be made at the original <br />headgate, or at any headgate downstream ofthat location, and pumped to the place of use. <br /> <br />. Applicant agrees that the change in place of use shall not result in an expansion of the <br />historic use of the subject water rights and, as such, the consumptive use ofthe subject water <br />rights shall be limited to 338.5 acre feet per annum. <br /> <br />. Pursuant to 937-92-502(5), Applicant shall install, maintain and monitor at locations <br />determined by the Division Engineer and at Applicant's expense such measuring devices <br />deemed necessary by the Division Engineer to administer the terms of this decree. <br />