ISFAPP00611

• Case Number: 94CW0057
• Stream Name: Pinos Creek
• Watershed: Rio Grande
• Water Division: 3
• Water District: 20
• County: Rio Grande
• Instream Flow App - Doc Type: Final Decree/Stipulations

No. 94CW057
Colorado Water Cons. Board

10. In Case No. 93CW43 , Water Division No.3, the Conserva-
ncy District obtained a decree for a conditional exchange right,
approving and judicially confirming its right to conduct an
exchange of its transmountain water from the Weminuche Pass Ditch
from the confluence of the Rio Grande and pinos Creek upstream on
Pinos Creek to the intake for the Del Norte Pipeline or any other
points within the decreed exchange reach. This exchange right
was obtained and is intended to help the Conservancy District
carry out its decree augmentation program on Pinos Creek. The
decreed amount of the conditional exchange right is 4 c.f.s.,
with the right to store up to 17 acre feet in any year.

11. In this case, the CWCB seeks judicial confirmation of
an absolute instream flow right in Pinos Creek in the amount of
10.0 c.f.s (April 1 - August 15); 6.0 c.f.s. (August 16 - Novem-
ber 30); 4.50 c.f.s. (December 1 - February 29); 6.0 c.f.s.
(March 1 - March 31). The stream segment affected by the claimed
instream flow right is the natural stream channel of Pin~s Creek
from the confluence of Bennett Creek in the SW/4 SE/4, Sec. 29,
T39N, R5E, N.M.P.M. as the upstream terminus and extending to t~"
Del Norte Pipeline in the SW/4 NW/4, Sec. 15, T39N, R5E, N.M.p.r..
as the downstream terminus,~;being a distance of approximately 3.0
miles, all as more specificall"1 "described in the Application in
this case. ~

12. The CWCB agrees that it will not object to any out-of-
priority depletions caused by nonagricultural wells with septic
syetems constructed above the headgate of the Del Norte Pipeline,
loc~ted at a point on the west bank of Pinos Creek whence the
southwest corner of Section 10, Township 39 north, Range 5 East,
N.M.P.M. bears North 0036' West, a distance of 2,547 feet, so
long as:

a. all such depletiol.s are augmented pursuant to the
Conservancy District's augmentation program decreed in Case
No. 84CW16 , Water Division No.3;

b. the depletions are replaced to Pinos Creek at or below
the headgate for the Del Norte Pipeline; and

c. the total amount of said depletions do not exceed 17
acre feet of water in any year.

THE WATER REFEREE RULES:

The application is granted and a decree (ABSOLUTE) in the
amount of 10.0 c.f.s (April 1 - August 15); 6.0 c.f.s. (August 16

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