BOARD02463

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

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in places of storage and points of diversion and proposed exchange did not injure the Board's instream flow
water rights. The Staff, in cooperation with the Attomey 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

5-80CW1l7 Gypsum Creek 5 03/17/80

5-80CW1l6 Gypsum Creek 6 03/17/80

5-80CW124 Eagle River 130/50 03/17/80

This is an application for change of water rights for Eye Lake and a portion of Wolcott Reservoir.
Applicant seeks to use LEDE Reservoir as an alternate place of storage for the 600 AF of water conditionally
decreed to Eye Lake. Applicant also proposes to use LEDE Reservoir as an alternate place of storage for the
600 AF out of 65,975 AF of water conditionally decreed to Wolcott Reservoir. LEDE Reservoir is part of
the Town of Gypsum's integrated water supply plan project. 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 Gypsum Creek and the
Eagle River.

The Applicant has agreed to the following terms and conditions:

. Pursuant to a Stipulation between Applicant and Colorado Water Conservation Board ("CWCB"),
Applicant recognizes that the water rights and changes of water rights listed in Claims One and
Three of this Decree are junior to the CWCB's instream flow water rights on Gypsurn Creek,
decreed for 6.0 c.f.s. from the confluence with the Eagle River to the confluence with Red Creek
in Case No. 80CW116, and 5.0 c.f.s. from the confluence with Red Creek to the outlet of LEDE
Reservoir in Case No. 80CWII 7. Accordingly, Applicant will not divert under those rights or
changes or rights when such diversions will cause injury to those instream flow rights.

. Claim Two, which seeks to divert Wolcott Reservoir upstream at LEDE Reservoir, involves a
previously decreed downstream change of water right from the original decreed point of diversion
for Wolcott Reservoir to the confluence of Gypsum Creek and the Eagle River, and the requested
upstream exchange of water from the confluence of Gypsum Creek and the Eagle River
(downstream exchange terminus), to the outlet ofLEDE Reservoir (upstream exchange terminus).
Applicant recognizes that this upstream exchange of water is junior to the CWCB's instream flow
water rights on Gypsum Creek, decreed in Case Nos. 80CW1l6 and. 80CW117. Accordingly,
Applicant will also curtail diversions of its interest in the Wolcott Reservoir water right at the
alternate point of storage decreed herein whenever the CWCB's instream flow water rights
decreed in Case Nos. 80CWl16 and 80CWl17 are not being met within the exchange reach
described herein.
. Consistent with the terms of Applicant's decree in Case No. 93CW326, the change of water right
and exchange of Wolcott Reservoir water from the original point of diversion for Wolcott
Reservoir to the confluence of Red Creek and Gypsum Creek shall be administered as having been
adjudicated in 1993 with an appropriation date of May 4, 1992.
. Provided, however, nothing herein shall be construed as imposing upon Applicant any additional
monitoring or measurement obligations or require Applicant to install any additional streamflow
measurement devices beyond that required pursuant to paragraph 23 ofthis decree.