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<br />. <br /> <br />, <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />Agenda Item 19a(7) <br />Case No. 5-91CW138; Colorado Division of Wildlife <br /> <br />Case Summary <br /> <br />The Board ratified the Statement of Opposition filed in this case at its November 14-15, 1991, <br />meeting. This is an application for a change of water rights on Big Beaver Creek near Buford in <br />Rio Blanco County (see attached map). Applicant proposes to add storage in Big Beaver <br />Reservoir to the senior, historic use of the Mary Dunn Ditch and Mary Dunn Enlargements for <br />irrigation purposes. Water stored in Big Beaver Reservoir would be used for piscatorial, wildlife <br />watering, recreation, and wildlife habitat uses. <br /> <br />The Board holds an instream flow water right on Big Beaver Creek for 2 cfs, year-round, with an <br />appropriation date of November 15, 1977, which may be injured by this application. <br /> <br />Stipulation <br /> <br />Applicants have agreed to the following terms and conditions that will provide full protection for <br />the Board's instream flow water right on Big Beaver Creek. <br /> <br />. To insure that no vested water right owners are injured by this change of water right, <br />the Division of Wildlife may store consumptive use credits only when the original <br />rights are in priority, if the historically irrigated acreage does not remain inundated by <br />Big Beaver Reservoir, then the Division of Wildlife must dry-up the historically <br />irrigated lands and not seek to store more than the 116 acre-feet of historic <br />consumptive use attributed to the rights. <br /> <br />. The Division of Wildlife shall not be allowed to store consumptive use credits from <br />this decree at times when the 1968 (1962 appropriation date) 7637 AF storage right <br />on Big Beaver Reservoir is not in priority and when the streamflow of Big Beaver <br />Creek between the Big Beaver Reservoir (a.k.a. Lake Avery) darn and the confluence <br />with the White River is less than 2.0 c.f.s. <br /> <br />. Applicants shall install, maintain, and monitor at locations determined by the <br />Division Engineer and at Applicant's expense, such measuring devices deemed <br />necessary by the Division Engineer to administer the terms of this decree. The Board, <br />the State and Division Engineers and their agents shall have access to such measuring <br />devices at reasonable times in order to make readings therefrom. <br />