BOARD02496

• Board Meeting Date: 9/21/1998
• Description: ISF Section - Statements of Opposition - Case No. 2-98CW083 - Eagle Sky Foundation, Inc.
• Board Meetings - Doc Type: Memo

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Agenda Item Sa
Case No. 2-9SCWOS3; The Eagle Sky Foundation, Inc.

Application Summarv

This is an application for a Plan for Augmentation, Change of Water Rights and Exchange of
water rights on Tennessee Creek, East Tennessee Creek, Porcupine Creek and/or Little Porcupine
Creeknear Leadville in Lake and Chaffee Counties (see attached map). The Applicant intends to
develop a resort that will include guest and staff accommodations, ponds, irrigated areas, horses,
arid eating facilities. Wells Nos. 1-8 will provide potable and irrigation water for the resort, are
tributary to the aforementioned streams, and will have a maximum pumping capacity of 400 gpm
for each well. Several ponds will be constructed on the property and are tributary to Porcupine
Creek, Little Porcupine Creek or East Tennessee Creek. The East Ponds are located off of East
Tennessee Creek and will be filled using East Tennessee Creek Ditch (1998 appropriation date at
4.0 cfs). Included in this plan is a change in diversion points, type of use and place of use for the
Harvard No.2 Ditch and the Martin Holm Ditch. The proposed' alternate diversion points are the
Porcupine, Little Porcupine and East Ponds and the East Tennessee Creek Ditch. The applicant
proposes to replace depletions/diversions associated with this development with Twin Lakes,
"The Ponds", Harvard No.2 Ditch and/or Martin Holm Ditch.

CWCB Appropriations

The Board holds an instream flow right on East Tennessee Creek for 2.0 cfs year-round with an
appropriation date of January 19, 1977, which could. be injured by this application.

Potential for Iniurv

Applicant's proposed change of water rights may deplete the Board's instream flow water rights on
East Tennessee Creek. The proposed plan for augmentation may not replace the depletions to the
Board's instream flow water right in the same amount, timing or location at which they occur.

Other Objectors

Other objectors include Cheryl M. Dore, City of Aurora, Helen Tomlinson, Mt. Massive Golf
Course, Lake County, State Engineer's Office, James and Ronna Flaum, Lake Fork Ranch
Company, Edith M. Seppi, Bernard J. Smith, Robert E. Larivee, Home Stake Trout Club, Inc.,
Upper Arkansas Conservancy District, Game Trail Company, Game Trail Associates, Inc.,
Southeastern Colorado Water Conservancy District, Twin Lakes Reservoir and Canal Company,
Board of Water Works of Pueblo, Rudy Shober, Town of Buena Vista, William F. Rooks, Hard
Kopos Corp., Chicago Ranch Partnership, S. Parker and Clara Woolington.

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