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<br />< <br /> <br />\, <br /> <br />e <br /> <br />e <br /> <br />. <br /> <br />COLORADO WATER CONSERVATION BOARD <br />Department of Natural Resources <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Phone: (303) 866.344' <br /> <br />STATE OF COLORADO <br />o <br /> <br />MEMORANDUM <br /> <br />Roy Romer <br />Governor <br />David w. Walker <br />Director <br /> <br />TO: Members, CWCB <br /> <br />FROM: Dan Merriman <br /> <br />DATE: November 1, 1991 <br /> <br />SUBJECT: Agenda Item 18j, November 14-15, 1991, Board Meeting-- <br />Instream Flow Program: Stipulations <br />Case Nos. 5-91CWOn, 078; Kensington Land Investment Partners, et al. <br /> <br />Case Summaries <br /> <br />The Board ratified the statement of opposition filed in this case at its September, <br />1991, meeting. Since these applications and the proposed settlements are very similar, they <br />have been combined in one memo to minimize repetition. However, the Board should take <br />a separate action on each stipulation. <br /> <br />Case No. S-91CW077; Stag Gulch & Kensington Land Investment Partners <br /> <br />The applicants are requesting the right to change the use of senior irrigation rights <br />to domestic, municipal, and other year-round uses. Applicants further intend to augment <br />out-of-priority depletions by numerous junior groundwater and surface water diversions <br />which supply a proposed golf course and residential development, with consumptive use <br />credits claimed from several senior irrigation water rights and with water purchased from <br />Green Mountain Reservoir. Applicants are also requesting two upstream alternate points <br />of diversion for all decreed points of diversion owned by the applicants (see attached map). <br />The Board holds instream flow decrees on Squaw Creek and the Eagle River which could <br />be injured by the proposed out-of-priority depletions and upstream exchanges. <br /> <br />Proposed Stipulation <br /> <br />The attached stipulation, which has been accepted by the applicants and <br />recommended by the Attorney General's staff, allows the applicants to divert water at the <br />proposed alternate and exchange points on Squaw Creek and the Eagle River so long as <br />such diversions do not reduce streamflows below the amounts decreed to the Board's <br />instream flow rights. Applicants have agreed to install a staff gauge to measure flows at or <br />immediately below the Graham Ditch Headgate on Squaw Creek and to monitor streamflow <br />at the USGS gauge on the Eagle River to insure compliance with this stipulation. <br />