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<br />: <br /> <br />, <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />Agenda Item 19a( 4) <br />Case No. 4-95CWll 0; Cebolla River Ranches <br /> <br />Case Summary <br /> <br />The Board ratified the statement of opposition filed in this case at its January 24-25, 1996; meeting, <br />This is an application for a change of water rights on Cebolla Creek near Gunnison in Gunnison <br />County (see attached map). ,Applicant seeks 32 alternate points of diversion for 0,4 cfs of its <br />Southern Ute Ditch water right for 18 acres oflawn irrigation and gardens located on 32 separate <br />tracts of land adjacent to Cebolla Creek, No change in consumptive use is proposed, <br /> <br />The Board holds instream flow water rights on Cebolla Creek in the amount of26 cfs in the summer <br />and 14 cfs in the winter with an appropriation date of March 17,1980, which could be injured by <br />this application, <br /> <br />StiDulation <br /> <br />Applicant has agreed to the following terms and conditions, which will provide full protection for <br />the Board's instream flow water rights on the Cebolla River. <br /> <br />. <br /> <br />At any time when the flow of Cebolla Creek is less than the minimum instream flow as <br />decreed in Case No. 80CW382, the Applicant agrees to curtail all diversions, under any <br />priority and for any purpose decreed to the Southern Ute Ditch, being made at any of the <br />thirty-two proposed alternate points of civo'rsion that are upstream from the decreed and <br />historic point of diversion. <br /> <br />. <br /> <br />Applicant shall limit its diversions at the thirty-two alternate points of diversion on Cebolla <br />Creek to the amount of water available in priority and physically available at the original <br />decreed point of diversion on Cebolla Creek. <br /> <br />. <br /> <br />Applicant agrees that the total aggregate diversions at all alternate points of diversion and <br />the decreed point of diversion shall not exceed ,40 cfs at any point in time, and shall be used <br />to irrigate a maximum aggregate area of 18 acres. <br /> <br />. <br /> <br />Applicant agrees, at its own expense, to install, maintain and monitor measuring device(s), <br />as allowed and required by Colorado law, if deemed necessary by the State and/or Division <br />engineers to administer the terms of this Stipulation, The Board, as well as the State <br />Engineer, Division Engineer and/or their agents shall have access to said measuring device(s) <br />at reasonable times in order to take readings therefrom and/or keep such records as are <br />required by the State Engineer's office to administer the terms of this stipulation. Applicant <br />agrees to install a totalizing flow meter on each pump and pipeline at each alternate point of <br />diversion. <br /> <br />L:\BOARDMEM\May 99\19a(4) May 99 495CW110 Resolved,doc <br />