ISFAPP01009

• Case Number: 94CW0049
• Stream Name: Pinos Creek
• Watershed: Rio Grande
• Water Division: 3
• Water District: 20
• County: Rio Grande
• Instream Flow App - Doc Type: Final Decree/Stipulations

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No. 94CW049
Colorado Water Cons. Board

10. In C~se No. 93CW43 , Water Division No.3, the Conserva-
ncy District obtai~ed 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 Ditc:',
from the confluence of the Ri0 Grande and Pinos Creek upstream un
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 augmentntion 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
5.50 c.f.s. (April 1 - October 15) and 2.50 c.f.s. (October 16 -
March 31). The stream segment affected by the claimed instream
flow right is the natural stream channel of pinos Creek from the
confluence of West For~ pinos Creek and East Fork Pinos Creek as
the upstream terminus~and_p.~tending downstream to the confluence
of Bennett Creek, all as more specifically 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
systems constructed above the headgate of the Del Norte Pipeline,
located 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:

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

b. the depletioj,s are replaced to pinos Creek at ur 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 5.50 c.Ls. (April 1 - October 15); 2.50 c.Ls. (Octo-
ber 16 - March 31) is entered to preserve the natural environment
to a reasonable degree through the upstream and downstream points

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