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<br />. <br /> <br />. <br /> <br />. <br /> <br />Consent Agenda Item I.m <br />Case No. 5-05CW290; Breckenridge Sanitation District <br /> <br />Application Summarv <br /> <br />This is an application for a surface water right for the Blue River Improvement Project near Lake <br />Dillon. Applicant proposes to divert water from the Blue River through the Applicant's Flow <br />Splitting Channel (located adjacent to the Farmer's Komer Waste Water Reclamation Facility) and <br />pump the water via a pipeline to a location upsh'eam of the outfall of the Iowa Hill Wastewater <br />Treatment Plant near the confluence of French Creek and the Blue River. Applicant claims that it <br />will control the water released near the Iowa Hill WWTP in the natural channel of the Blue River <br />through the installation of measuring devices and control structures. Further, Applicant seeks to <br />use the water directly or by exchange for domestic, municipal, commercial, industrial, fire <br />protection, irrigation, recreation, fish and wildlife propagation and augmentation purposes. <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 Case Stream/Lake Amount Approp, Watershed County <br />No. (cfs) Date <br />5-86CW204 Blue River 2011 0 3/14/86 Blue River Summit <br />5-86CW217 Blue River 32116 3/14/86 Blue River Summit <br /> <br />Potential for Iniurv <br /> <br />The Applicant's claimed use of the subject water rights "in the reach of the Blue River between the <br />current discharge point for Iowa Hill and the District's Flow Splitting Channel diversion structure <br />below Swan Road bridge" may conflict with the Board's exclusive authOlity to appropriate instream <br />flow and natural lake level water rights. Section 37-92-102(3) C.R.S. provides: ".. .no other <br />person or entity [other than the CWCB] shall be granted a decree adjudicating a right to water or <br />interests in water for instream flows in a stream channel between specific points, ..., for any <br />purpose whatsoever." The Applicant's proposed reuse of a portion of effluent from the Farmer's <br />Komer Waste Water Reclamation Facility and of water diverted under the District's existing <br />water rights decreed in Case Nos. 92CW300 and 96CW255 could result in an expansion of use <br />that may injure the Board's instream flow water rights on the Blue River. <br /> <br />Other Objectors <br /> <br />The City and County of Denver, acting by and through its Board of Water Commissioners. Town <br />of Frisco, City of Aurora acting by and through its Utility Enterprise, Colorado Springs Utilities, <br />Vidler Water Company, Inc., Town of Breckenridge, and Vail Summit Resorts, Inc. also filed <br />statements of opposition to this application. <br />