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<br />. <br />. <br /> <br />, <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />Agenda Item I9a(3) <br />Case No, 1-97CW31; Upper Arkansas Water Conservancy District & Salco Associates, L.L.P, <br /> <br />Case Summary <br /> <br />The Board ratified the statement of opposition filed in this case at its September 22-23, 1997, <br />meeting, This is an application for an exchange of water rights on the Lake Fork of the South <br />Arkansas River, Middle Fork of the South Arkansas River, and the South Arkansas River near <br />Salida in Chaffee County (see attached map), Applicants are requesting to exchange 1.0 cfs from <br />the confluence of the South Arkansas River and the Arkansas River up to the Middle Fork of the <br />South Arkansas River and then up to Boss Lake and Donnell Reservoirs Nos. I and 2 located on the <br />Lake Fork of the South Arkansas River, The appropriation dates for Boss Lake and the Donnell <br />Reservoirs are May 20, 1893 and July 19, 1889, respectively, Applicants propose to store water in <br />and then release water from Boss Lake and Donnell Reservoirs Nos. I and 2 in order to supplement <br />the Upper Arkansas Water Conservancy District's storage under the general augmentation plan <br />decreed in Case No. 2-92CW084. <br /> <br />The Board holds an instream flow right on the Middle Fork of the South Arkansas River for 5.0 cfs <br />with an appropriation date of March 14, 1979, which could be injured by this application. <br /> <br />Stioulation <br /> <br />Applicants have agreed to the following terms and conditions, which will provide full protection for <br />the Board's instream flow water rights on the Middle Fork of the South Arkansas River, <br /> <br />. Applicants shall curtail the exchanges proposed in this application, including diversions and <br />storage of water from the Middle Fork of the South Arkansas River at times when the CWCB's <br />instream flow water right on the Middle Fork of the South Arkansas River is not being satisfied. <br /> <br />. Any decree entered in this case shall not be interpreted or implied to preclude the Board by res <br />adjudicata, or otherwise, from objecting to and litigating claims of appropriation date, priority <br />date, and/or whether the appropriation of an exchange has been made, in any pending or future <br />application by Applicants for rights of exchange other than those claimed in this case, <br /> <br />. Any decree entered in this case is not intended to be, and shall not be construed, cited or relied <br />upon, in any subsequent application or administrative proceeding regarding appropriative rights <br />of exchange claimed by Applicants other than those claimed herein, as binding precedent <br />regarding such other exchanges on issues including, but not limited to, the appropriation date <br />and/or priority date claimed for such exchange, <br /> <br />. Pursuant to Section 37-92-502 C.R.S" Applicants shall install, maintain, and monitor at their <br />own expense any measuring device(s) ordered by the State or Division Engineer to administer <br />the terms of the decree. The Board, the State Engineer, and/or their agents shall have access to <br />such measuring device(s) at reasonable times in order to make readings therefrom, <br /> <br />C:ldatalword\sopldivl\297cw311ratify stipulation, May 99 <br />