BOARD02463

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

the use and place of use of 1 cfs from irrigation to piscatorial in Guest House Pond. 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 .
the Lake Fork Gunnison River,

The Applicant has agreed to the following terms and conditions:

. Applicant shall not divert pursuant to the Trout Creek Feeder Pipeline, Fourth of July Feed Pipeline
or Guest House Feeder Pipeline if doing so will reduce the flow in the Lake Fork Gunnison River in
the reach between the confluence of the Lake Fork and Henson Creek and the confluence of the Lake
furk and Biue Mesa Rcservoir tu less than the respective amounts decreed to the CWCB's minimum
stream flow decreed in Case No. 80CW119.

. Applicant shall not divert pursuant to the Norsworthy Pump right if doing so will reduce the flow in
the Lake Fork Gunnison River downstream of Norsworthy Pump to less than the respective amounts
decreed to the CWCB's minimum stream flow decreed in Case No. 80CWl19
. The Applicant shall install, maintain, and monitor such measuring devices as may be required by
the State and Division Engineers to administer the terms of the decree.

(4) Case No. 5-01CW151; Lowe W/J, LLC
The Board ratified this statement of opposition at its September 24, 2001 meeting. The Board's main
objective in filing a statement of opposition in this case was to ensure that the Applicant replaced injurious
depletions in time, place, and amount under its proposed plan for augmentation. 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 AmountCcfs) Appropriation Date

5-85CW646 Roaring Fork River 55/30 11/8/1985

This is an application for new junior underground water rights and a storage right and a plan for
augmentation where the Applicant seeks to augment its depletions to the Roaring Fork River upstream of
the confluence with the Fryingpan River with releases from Ruedi Reservoir. The Applicant's new uses
are for domestic and irrigation purposes for a number of homes on the W/J Ranch. 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
the Roaring Fork River.

The Applicant has agreed to the following terms and conditions:

. The Applicant recognizes that the CWCB holds water rights that are senior to the underground water
right and storage right of Applicant decreed in this case. The CWCB's water rights are decreed in
Case Nos. 85CW646 and 85CW639 for 55 cfs (Aprill-c-September 30) and 30 cfs (October 1-
March 31), andl45 cfs (Aprill-c-September 30) and 75 cfs (October I-March 31), respectively.

. To the extent that the CWCB's water rights are not satisfied, Applicant agrees to curtail its diversions
from Jaffee Well No.6 or replace its depletions in time, place and amount.
. The Applicant shall install, maintain, and monitor such measuring devices as may be required by
the State and Division Engineers to administer the terms of the decree.

(5) Case No. 5-02CW235; Town of Gypsum .
The Board ratified this statement of opposition at its January 23-24, 2002 meeting. The Board's main
objective in filing a statement of opposition in this case was to ensure that the Applicant's proposed changes