BOARD02415

• Board Meeting Date: 3/20/2000
• Description: Directors' Reports
• Board Meetings - Doc Type: Memo

(4) Case No. 5-97CW060; Colorado Department of Corrections

The Board ratified the Statement of Opposition filed in this case at its July 21-22,1997, meeting. .
This is an application for plan for augmentation on Middle Rifle Creek near Rifle in Garfield County.
Applicant seeks to augment all increased diversions by the Rifle Correction Center, the Rifle Gap State
Park, and the West Rifle Creek State Wildlife Area above the 13.7 acre-feet per year previously decreed
in W-3758. The augmentation sources include bypasses of historic diversions at the Heinze Ditch
headgate and releases from the Rifle Correction Center Reservoir No.1.

The Board an instrearn flow water right on Middle Rifle Creek for 3.0 cfs, year-round, with an
appropriation date of May 7, 1980, which could be injured by this application.

Applicant has agreed to the following terms and conditions that will provide full protection for
the Board's instream flow water right on Middle Rifle Creek.

. The Applicants agree that the change of water rights described in their Amended Application shall
not result in an expansion of the historic use of the changed rights. As a result, the Applicants agree
that the average depletions in excess of the amounts decreed previously in Water Division 5, Case
No. W-3758, will not exceed 24.98 acre feet. This amount is the equivalent of the historic depletion
due to the irrigation of 17.57 acres. The Applicants will dry up 17.57 acres to generate sufficient
consumptive use credits for the plan.

. During the irrigation season, the Applicants agree that any depletions to the stream caused by their
pumping above the amounts decreed in Case No. W-3758, will be replaced:

1. For depletions from Rifle Gap Recreation Well No. '2 and Rifle Gap Correction Center Well
No.5 by allowing the replacement water to bypass the headgate of the Heinze Ditch and .
remain in Middle Rifle Creek;

2. For depletions from all other wells either by allowing the replacement water to bypass the
headgate of the Heinze Ditch and remain in Middle Rifle Creek or by releasing water from
storage in RCC Reservoir No.1.

The Applicants agree further that during the ncm-irrigation season, when the Middle Rifle Creek
Instream Flow is not being satisfied in the reach between the location of Rifle Gap State
Recreational Area Well No.2 and the location of the outlet for Rifle Correctional Center
Reservoir No.1, Rifle Gap State Recreational Area Well No.2 shall not pump water above the
amount approved in Case No. W-3758 unless such depletions are replaced to the stream at or
above stream of Rifle Gap State Recreational Area Well No.2.

The Applicants agree further that during the non-irrigation season, when the Middle Rifle Creek
Instream Flow is not being satisfied in the reach between the location of Rifle Correctional
Center Well No.5 and the outlet for Rifle COIl'ectional Center Reservoir No.1, Rifle
Correctional Center Well No.5 shall not be used to pump water, unless such depletions are
replaced to the stream at or above Rifle Correctional Center Well No.5.

The Applicants shall install and maintain such measuring devices on its facilities and maintain
such records as the Division Engineer may require for the administration of this plan. The
Colorado Water Conservation Board shall have access to any such measuring device(s) at
reasonable times in order to make readings therefrom.

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