BOARD02463

• Board Meeting Date: 3/22/2005
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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

Case No. Stream Amount (cfs) Appropriation Date

5-76W2948 Roaring Fork River 32 1/14/1976

This is an application for approval of a plan for augmentation including exchange on the Roaring Fork
River. Applicant intends to augment and divert through the Kuhne Pond Ditch evaporative losses from
the Kuhne Pond and Kuhne Pond Ditch system with I AF of historic CU credit associated with the US
Green Ditch. Applicant proposes a maximum exchange rate of 0.06 cfs with an appropriation date of
September 15, 1997 from the confluence of the RFR and Wheel Barrow Gulch up to the point of
diversion on Warren Creek for Kuhne Pond Ditch. The CWCB and the Applicant have agreed to the
entry of a decree that will prevent injury to the Board's ISF water rights on Woody Creek and the Roaring
Fork River.

The Applicant has agreed to the following terms and conditions:

. In months in which no U.S. Green Ditch historic consumptive use credits are available to Applicant,
but evaporative losses from the Kuhne Pond and Kuhne Pond Ditch will occur (i.e. March, April and
November), to the extent a valid call is in effect, Applicant will release water from the Kuhne Pond to
match out-of-priority evaporative losses.
. Applicant recognizes that in Case No. W-2948, Water Division 5, the CWCB was awarded a decree
for a minimum instream flow water right for 32 c.fs. on the section of the Roaring Fork River subject
to this exchange, with an adjudication date of December 31, 1976 and an appropriation date of
January 14, 1976, and that this minimum instream flow is senior in priority to the exchange applied
for herein. Applicant will not operate this exchange when the Board's minimum instream flow is not
met in the exchange reach described above.
. Pursuant to C.R.S. section 37-920502(5), the Applicant shall install, maintain, and monitor at
locations determined by the Division Engineer, and at Applicant's expense, such measuring
devices, implement such accounting procedures, and supply such calculations regarding the timing
of depletions, as may be required by the Division Engineer.

(3) Case Nos. 4-02CW240 and 241; Lamar C. Norsworthy
The Board ratified these statements of opposition at its March 2003 meeting. The Board's main objective in
filing statements of opposition in these cases was to ensure that the Applicant replaced injurious depletions in
time, place, and amount under his proposed plan for augmentation, and to ensure that Applicant's proposed
change in point of diversion would not injure the Board's instream flow water rights. - The Staff, in
cooperation with the Attorney General's Office, has negotiated a settlement that assures that the CWCB's
instream flow water rights will not be injured.

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

Case No. Stream Amount (cfs) Appropriation Date

4-80CW119 Lake Fork of the Gunnison River

45/25

11/8/1985

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This is an application for a plan for augmentation to cover the depletions associated with diversions for the
Guest House Pond, the Trout Creek Pond, and the Fourth of July Pond. Applicant seeks to augment the
depletions associated with these ponds with Blue Mesa Reservoir releases. The second application is for a
change of use for 2 cfs of the E. P. Wilson No.2 Feeder Pump Site. Applicant proposes to change the point
of diversion for 1 cfs upstream to Norsworthy Pump and Pipeline, and change the point of diversion for the
other 1 cfs upstream to the Guest House Pond Feeder Pipeline (See map). Applicant also seeks to change