BOARD02538

• Board Meeting Date: 5/23/2005
• Description: ISF Section - Application of the San Luis Valley Water Conservancy District ‎(Case No. 5-03CW331)‎ - Pretrial Resolution
• Board Meetings - Doc Type: Memo

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DECREE PROPOSED FOR SETTLEMENT BETWEEN
SAN LUIS VALLEY IRRIGTION DISTRICT AND THE
COLORADO WATER CONSERVATION BOARD
MAY 13, 2005

on the following tributaries of the Rio Grande: Alamosa River, Burro Creek, Cross Creek,
Kelly Creek, Lost Mine Creek, Park Creek, Race Creek, San Francisco Creek and West
Alder Creek.

30. The CWCS currently holds and may acquire additional instream flow water
rights in Water Division NO.3. Except on the streams provided for in paragraph 29 above,
unreplaced depletions from Participating Structures which impact a CWCS instream flow
water right shall be allowed and shall not constitute injury, as per Rule 8.e ("De Minimis
Rule") of the Rules and Regulations concerning the Colorado Instream Flow and Natural
Lake Level Program (hereafter AProgram Rule 8.e."), subject to the following limitations:

a. Upon receipt and consideration of an application for participation in this Plan
for Augmentation, the Applicant shall calculate the cumulative total of out-of-priority
unreplaced depletions that may impact such an instream flow water right from the
following:

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(1) water uses augmented under this Plan, including pending applications
for augmentation under this Plan, that are junior in priority to the
instream flow water right;

,

(2) water uses augmented under this Plan, including pending applications
for augmentation under this Plan, that are senior in priority to the
instream flow water right, to the extent such depletions would not
otherwise occur except for participation in this Plan2;

(3) other decreed conditional and absolute water rights that are junior in
priority to the instream flow water right; and,

(4) water uses for which applications are pending before the Water Court
at the time of calculation, based upon the proposed amount of such
depletions.
However, the Applicant shall not include in such cumulative total depletions
from:

2 Nothing herein shaii constitute an admission or determination that such depietions are injurious,

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