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<br />. <br /> <br />. <br /> <br />. <br /> <br />Consent Agenda Item l.f <br />Case No. 4-05CW266; Mika Ag Corp <br /> <br />Application Summary <br /> <br />This is an application for surface water rights, storage rights, change of water rights, and approval of <br />alternate points of diversions and exchange on Escalante Creek approximately 20 miles southwest of <br />Dclta. Claims: I) Applicant seeks surface water rights for 15 springs and onc ditch for uses that <br />include domestic, stock watering and irrigation. 2) Applicant also seeks storage rights for 6 <br />reservoirs for irrigation, stock watering, fish propagation, wildlife, and fire protection. 3) Applicant <br />seeks to change the place of use for water stored in Beaver Dam Reservoir and Beaver Dam <br />Reservoir, First Enlargement to expand the inigated acreage on an adjacent ranch. 4) Applicant <br />seeks to change the water rights decreed to 22 ditches by assigning each point of diversion as <br />alternate point of diversion for the water rights decreed to all the other ditches, as their capacities will <br />allow, for irrigation of the lands historically irrigated. Thc application states that the purpose of the <br />proposed operation is to allow the Applicant to continue its historic internal exchange practice of <br />diverting water under the decreed lights and to divert water under the new decrees sought in this <br />application in rotation among numerous ditches owned by the Applicant <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 Stream/Lake Amount Approp. Watershed County <br />Case No. (cfs) Date <br />4-05CW250 Escalante Creek l.3-11.5 1/25/05 GUlmison River Mesa <br />4-05CW25I Escalante Creek 1.5-8.2 1/25/05 Gunnison River Mesa and Delta <br /> <br />Potential for Iniurv <br /> <br />The Applicant's proposed operation and changes of water rights could result in an expansion of <br />use that may injure the Board's instream flow water rights on Escalante Creek. <br /> <br />Contact with Applicant <br /> <br />Staff and the Attorney General's Office have conferred with the Applicant's attorney on this case <br />and on the CWCB's water court applications for instream flow water rights on Escalante Creek, to <br />which Mika Ag Corp has filed a statement of opposition. Several of the uses claimed by the <br />Applicant may qualifY as existing uses or practices under section 37-92-102(3)(b), CR.S. The <br />parties intend to work together to resolve their concerns regarding the three applications. <br /> <br />Other Obiectors <br />The U.S. Bureau of Land Management also filed a statement of opposition to this application. <br />