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BOARD02469
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BOARD02469
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Last modified
8/16/2009 3:15:56 PM
Creation date
10/4/2006 7:15:44 AM
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Template:
Board Meetings
Board Meeting Date
7/18/2005
Description
CWCB Director's Report
Board Meetings - Doc Type
Memo
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<br />Director Report Attachments <br /> <br />Stream and Lake Protection Program <br />Summary of Resolved Cases <br /> <br />Since the May 2005 Board meeting, Staff and the Attorney General's Office have <br />finalized three case settlements. The Attorney General's Office executed stipulations in <br />Case No. 5-03CW041 (Application of Table Rock Properties) and Case No. 3-03CW41 <br />(Application of San Luis Valley Water Conservancy District). The Board approved both <br />of these settlements at its May 2005 meeting. The Board approved settlement of the third <br />case at its May 2004 Board meeting. That case resolution is summarized below: <br /> <br />Case No. 7-03CW24: Town of Dove Creek <br /> <br />The Board ratified this statement of opposition at its July 2003 meeting. The Board's main objective <br />in filing the statement of opposition in this case was to ensure that the Applicant's proposed change <br />of water right would not result in an expansion of use. The Town of Dove Creek applied to change <br />the point of diversion of an existing well to a new well located approximately 500 feet upstream. <br /> <br />The Board holds the following instream flow rights that could have been injured by this application: <br /> <br />Case No. <br /> <br />Stream <br /> <br />Amount (cfs) <br /> <br />ADDfoDriation Date <br /> <br />7-75W1346 <br /> <br />Dolores River <br /> <br />78 <br /> <br />05/1/75 <br /> <br />The original water right, decreed for 1.08 cfs, is senior to the Dolores River ISF. At its May 2004 <br />meeting, the Board approved a settlement by which the CWCB would consent to a decree that <br />includes a diversion limit at the upstream alternate point of diversion to .77 cfs at times when the <br />CWCB's Dolores River ISF water right is not being satisfied. This amount is within the de <br />minimis amount available on the Dolores River. Staff and the Attorney General's Office have <br />negotiated a stipulation and decree per the Board's approval. In that stipulation and decree, the <br />Applicants have agreed to the above-referenced diversion limit and to use best efforts to augment <br />its depletions with an upstream augmentation source, if and when such an augmentation source is <br />available to the Town. The Applicant also has agreed to install totalizing flow meters at the <br />original and alternate points of diversion and to maintain permanent records of all diversions. <br /> <br />48 <br />
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