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<br />-1 <br />- <br /> <br />e <br /> <br />- <br /> <br />" <br /> <br />STATE OF COLORADO <br /> <br />. <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />1313 Sherman Street <br />Denver, Colorado 80403 <br />Phone: 13031866-3441 <br />FAX, (303) 866-4V4 <br /> <br />TO: <br /> <br />Bill Owens <br />Governor <br /> <br />GregE. Walcher <br />Executive Director, DNR <br /> <br />Peter H. Evans <br />Director, ewes <br /> <br />CWCB Members <br /> <br />FROM: Dan Merriman <br />Greg Espegren <br /> <br />DATE: March 22,1999 <br /> <br />SUBJECT: Agenda Item 12b, March 29-30,1999, Board Meeting-- <br />Instream Flow Program - Proposed Injury With Mitigation/Modification <br />Case No. 5-97CW283; Breckenridge <br /> <br />Background <br />The Board ratified the Statement of Opposition filed in this case at its March 10-11, 1998, <br />meeting. This is an application for absolute and conditional water rights and rights of exchange <br />on the Blue River near Breckenridge in Summit County (see attached map). Applicant seeks: <br />1) A 2 cfs, absolute water right for year-round uses, including augmentation and <br />exchange, utilizing the Miners Creek Ditch that predates the Board's instream <br />flow rights, <br />2) A 2 cfs, junior conditional water right for the same year-round uses utilizing the <br />Miners Creek Ditch Enlargement, and <br />3) Findings from the Water Court that: <br />a) the Miners Creek Ditch water "is imported into the upper Blue River and <br />is thus not part of the instream flow decreed for the upper Blue River in <br />Case Nos. 86CW204 and 86CW217", and <br />b) the Applicant shall have the right to "exchange upon said imported water, <br />as against any existing or future water rights on the Blue River upstream of <br />Dillon Reservoir, in particular the instream flows decreed for the upper <br />Blue River in Case Nos. 86CW204 and 86CW217." <br /> <br />The Board has the following instream flow water rights that could be injured by this application: <br /> <br />Case No. <br />5-85CW649 <br />5-86CW204 <br />5-86CW217 <br /> <br />Stream <br />Miners Creek <br />Blue River <br />Blue River <br /> <br />Amount{ cfs) <br />1.5 <br />20/10 <br />32/16 <br /> <br />Aooroo. Date <br />11/8/85 <br />3/14/86 <br />3/14/86 <br /> <br />The Board filed its Statement of Opposition to ensure that (1) its Miners Creek instream flow <br />water right was not injured by an expansion of the historic use of Miners Creek Ditch and (2) its <br />