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<br />) <br /> <br />Consent Agenda Item 4-1. b. <br />Case No. 5-99CWI94; Kummer Development Corporation <br /> <br />Application Suntmarv <br /> <br />This is an application for a plan for augmentation, change of water rights, surface water rights, <br />storage water rights and ground water rights on Brush Creek and East Brush Creek in Eagle County <br />near the town of Eagle (see attached map). <br /> <br />In this application, the Applicant proposes to augment the depletions associated with a 100 single- <br />family residential unit development on 1100 acres. The structures to be augmented are the AR <br />Residential Well Nos. 1-7, AR Residential Diversion Nos. 1-4, Borah Ditch Residential <br />Enlargement, OIF Ditch Residential Enlargement, Adams Rib Diversion, Town of Eagle Gravity <br />Water System and AR Residential Augmentation Pond Nos. 1-4. The augmentation sources are the <br />OIF Ditch, AR Ponds 1-4, Wolford Mountain Reservoir, Eagle Park Reservoir and the Residential <br />Puntpback Pipeline. Wastewater will be treated llSing a central wastewater treatment facility. <br /> <br />, <br />In addition, the Applicant proposes to change the point of diversion for 4.78 cfs of the Adam's Rib <br />Diversion No.1 to the AR Residential Well Nos. 1-7 and AR Residential Diversion Nos. 1-4. The <br />Adam's Rib Diversion No.1 is a conditional water right decreed for 20.0cfs for municipal, <br />domestic, recreation and irrigation uses with a February 29, 1972 appropriation date. . <br /> <br />) <br /> <br />CWCB Appropriations <br /> <br />The Board has appropriated the following instream flow water rights that could be injured by this <br />application. <br /> <br />Case No. <br />5-77W3627 <br />5-77W3625 <br />5-80CW124 <br /> <br />Stream <br />E. Brush Creek <br />Brush Creek <br />Eagle River <br /> <br />Amount (cfs) <br />7/4 <br />12 <br />130/50 <br /> <br />Appropriation Date <br />07/27/1977 <br />07/27/1977 <br />03/17/1980 <br /> <br />Potential for Injury <br /> <br />Applicant's proposed plan for augmentation may not replace depletions to the Board's instream <br />flow water rights on East Brush Creek, Brush Creek and/or the Eagle River in the same time, <br />location and amount as they have historically occurred. In addition, Applicant's proposed change <br />of water right may deplete the Board's instream flow water rights on East Brush Creek, Brush <br />Creek and/or the Eagle River. <br /> <br />Other Objectors <br /> <br />Other objectors in this case include the Colorado River Water Conservation District, the State and <br />. Division Engineers and the Town of Eagle. .. <br /> <br />-.J <br /> <br />L:\BOARDMEMVan 2000\consent agenda _4- I b.doc <br />