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<br />e <br /> <br />e <br /> <br />e <br /> <br />Consent Agenda Item l,k <br />Case No, 5-05CW282; Town of Eagle <br /> <br />Application Summary <br /> <br />This is an application for surface water rights, change of water lights and approval of a plan for <br />augmentation and exchange, Applicant seeks a conditional water right for Town Lower Intake No,l <br />for 10 cfs from Brush Creek with an appropriation date of April 21, 1999, Applicant also seeks a <br />conditional water right for Town Lower Intake No, 2 for 10 cfs from the Eagle River with an <br />appropriation date of April 21, 1999, Applicant requests to change four water rights to allow <br />diversion at two alternate points: Town Lower Intake Nos, 1 and 2. Applicant's sources of <br />augmentation and exchange include the consumptive use credit for several iITigation water rights and <br />releases from Wolford Mountain, Ruedi, and Green Mountain Reservoirs, Eagle Park Reservoir, the <br />Homestake Project and Sylvan Lake. Applicant seeks two exchanges: one from the confluence of <br />the Colorado River and Eagle River to the Eagle River confluencc with Brush Creek and one from <br />the Eagle River confluence with Brush Creek up to the Town Lower Intake 1 on Brush Creek, both <br />at a rate 5 cfs with an appropriation date of April 21, 1999, <br /> <br />CWCB Appropriations <br /> <br />The Board holds the following instream flow water rights that may be injured by this application: <br /> <br />CWCB Case Stream/Lake Amount Approp. Watershed County <br />No. (cfs) Date <br />5-77W3625 Brush Creek 12 7/26/77 Eagle River Eagle <br />5-80CW126 Eagle River 110/45 3/17/80 Eagle River Eagle <br />5-80CW124 Eagle River 130/50 3/17/80 Eagle River Eagle <br /> <br />Potential for Iniurv <br /> <br />The Applicant's proposed changes of water rights could result in an expansion of use that may <br />injure the Board's instream flow water rights on Brush Creek and the Eagle River. The <br />Applicant's proposed plan for augmentation and exchange may injure the Board's instream flow <br />water rights on Brush Creek and the Eagle River by not replacing depletions in time, place and <br />amount. <br /> <br />Other Obiectors <br /> <br />Colorado Springs Utilities, Public Service Company, the Eagle County Board of County <br />Commissioners, Town of Gypsum, City of Aurora, Newman Realty Holding, LLC, and the <br />Colorado River Water Conservation District, acting by and through its Colorado River Projects <br />Enterprise also filed statements of opposition to this application, <br />