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<br />. <br /> <br />e <br /> <br />Agenda Item 19a(l) <br />Case No. 1-96CWll17; Coors, Thornton, Golden <br /> <br />Case Summary <br /> <br />The Board ratified the statement of opposition filed in this case at its March 20-21, 1997, <br />meeting. This is an application for change and appropriative rights of substitution and exchange <br />on the South Platte River, Clear Creek, West Fork Clear Creek, and Woods Creek near the <br />Town of Empire in Clear Creek County (see attached map). Pursuant to an agreement between <br />Golden and Coors entered into on May 23, 1988, Golden intends to exchange up to 900 acre-feet <br />of water per year from several sources on Clear Creek upstream to various points along West <br />Fork Clear Creek and Woods Creek, These points include Golden Reservoirs I, 2 & 3, <br />Lindstrom No.2 Ditch, Golden Dam and Pipeline, and Urad Reservoirs. Golden claims a <br />priority date of April 2, 1987 for the proposed exchanges. <br /> <br />The Board holds an instream flow right on West Fork Clear Creek for 11 cfs, summer, and 5 cfs, <br />winter, with an appropriation date of December 11, 1987, which could be injured by this <br />application. <br /> <br />Stipulation <br /> <br />Applicants have agreed to the following tenns and conditions, which will provide full protection for <br />e the Board's instream flow water rights on West Fork Clear Creek. <br /> <br />. Applicants shall divert and/or store the subject water rights at Golden Reservoirs 1, 2 & 3 <br />(Guanella Reservoir), Lindstrom No, 2 Ditch, Golden Dam and Pipeline, and Urad Reservoirs, <br />whether by change of water rights or exchange, only during the times that the Board's water <br />right decreed in Case No. 87CW276 is being satisfied. Said diversions and storage shall not be <br />allowed if they would cause the flow in West Fork Clear Creek to fall bellow 11 cfs during the <br />period of April 1 through October 31 and 5 cfs during the period of November 1 through March <br />31, the amount of the Board's instream flow water right, <br /> <br />. Pursuant to C,R,S. Section 37-92-502(5), and upon order of the state or division engineers, <br />Applicants shall install and maintain at theit own expense meters, gages or other measuring <br />devices as necessary to administer the terms of the decree. The state engineer or its duly <br />authorized assistants and staff shall have access to such measuring device(s) at reasonable times <br />in order to make readings therefrom for administration purposes. <br /> <br />C:\data\word\sop\div IVJ6CW1117\ratify stipulation, May 99 <br /> <br />e <br />