BOARD02485

• Board Meeting Date: 11/15/2005
• Description: ISF Section - Consent Agenda - Case No. 1-05CW222, Charles and Diane Morgan
• Board Meetings - Doc Type: Memo

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Consent Agenda Item La
Case No. 1-05CW222; Charles and Diane Morgan

Application Summary

This is an application for a change of water rights for the Dinigo Pipelines 1-3, the Free Gold
Extension Spring Well, and the Free Gold Extension Ditch to add commercial, irrigation, livestock
watering, recreation, fish and wildlife, and fire protection. The application also seeks storage rights
for the Wideawake Upper and Lower Reservoirs, water rights for the Wideawake Upper and Lower
St>rings, and approval of a plan for augmentation to replace depletions associated with the operation
of the above structures. Applicant claims that the source of the springs is non-tributary and claims
an absolute water right for Wideawake Upper Spring. Applicant proposes to use the water stored in
the Wideawake Upper and Lower Reservoirs for augmentation to operate a commercial water
business, including bathing with and bottling of the spring water, as well as continued use for all
previously decreed purposes. Applicant may also contract for fully reusable water, if necessary.

CWCB Appropriations
The Board holds the following instream flow water right that may be injured by this application:

CWCB Case Stream/Lake
No.
1-87CW273 North Clear Creek

Amount
(cfs)
1.5

Approp.
Date
12/11/87

Watershed

County

Clear Creek

Gilpin

Potential for Iniury

Applicant's proposed change of use may result in an expansion of use that could injure the North
Clear Creek instream flow water right. The proposed plan for augmentation may not be sufficient
to replace out-of-priority depletions to the North Clear Creek instream flow water right in time,
location and amount.

Other Obiectors

The City of Central, City of Westminster, City of Blackhawk, AquaPura Corporation, Coors
Brewing Company, Castle Pines Metropolitan District, and the Fanners Reservoir and Irrigation
Company also filed statements of opposition to this application.

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