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<br />Consent Agenda Item 2a <br />Case No. 3-04CW009; Charles Nearburg <br /> <br />Application Summary <br /> <br />This is an application for a change of water rights and an augmentation plan in tbe Rio Grande River <br />basin, near tbe Town of Creede. (Please see tbe attached map). The Applicant proposes to divert <br />certain water rights tbat have historically been diverted on tbe Rio Grande River for irrigation uses <br />and divert tbe water at upstream points of diversion for fish habitat purposes on Trout Creek. <br /> <br />CWCB Appropriations <br /> <br />The Board holds tbe following instream flow water rights that may be injured by tbis application: <br /> <br />CWCB Case No. Stream/Lake Amount (cfs) Approp. <br /> Date <br />3-84CW166 Trout Creek 35/15 8/16/82 <br />3-84CW159 Shallow Creek 3 8/16/82 <br />3-83CW039 Rio Grande River 150/65 8/16/82 <br />3-83CW042 Rio Grande River 160/80 8/16/82 <br /> <br />Potential for In iurv <br /> <br />The Applicant's proposed change may injure tbe Board's in stream flow water rights by diverting at <br />an upstream point of diversion at times when tbe Board's intervening instream flow water rights are <br />not satisfied. The proposed augmentation plan may injure tbe above-referenced instream flow water <br />rights by not replacing depletions in time, place, and amount. <br /> <br />Otber Obiectors <br /> <br />The otber objectors in tbis case are: the Rio Grande Water Users Association and the Rio <br />Grande Water Conservation District. <br /> <br />L\Boardmem\2004 Meetings\Tuly 2004\consentagenda2a.doc <br />