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. - Consent Agenda Item I.n Case No. 5-04CW238, S.G. Company Application Summary This is an application for surface water right, storage right, change of water rights and approval of a plan for augmentation including exchange near Green Mountain Reservoir in Summit County. Applicant seeks adjudication of surface water right for the High-Miller Ditch Oxbow Enlargement and a storage right for Mt. Powell Ranch Pond for the purposes listed above. Applicant also seeks to change the use and places of use for its interests in the Hamilton-Davidson Ditch and Sarah Ditch from irrigation to irrigation, storage, fish and wildlife, maintenance of oxbow fishery channel improvements, and several other uses. Applicant proposes to use its irrigation water rights to replace out of priority depletions resulting from the High-Miller Ditch Oxbow Enlargement and Oxbow Project, which are a flow-through series of ponds and channels. Applicant asks for conditional appropriative rights of exchange for up to 30.4 acre-feet at a maximum rate of 0.3 cfs. CWCB Appropriations The Board holds the following instream flow water rights that may be injured by this application: CWCB Case Stream/Lake . Amount Approp. Watershed County No. (cfs) Date 5-77W3648 Slate Creek 7/3 1/19/77 Blue River Summit 5-77W3615 Brush Creek 3 1/19/77 Blue River Summit . 5-77W3650 Squaw Creek 1 1/19/77 Blue River Summit 5-87CW299 Blue River 125/90/85 10/02/87 Blue River Summit . Potential for Injury: Applicant's proposed change of water right may constitute an expansion of use and cause material injury to the Board's instream flow water rights on Slate Creek, Brush Creek, Squaw Creek and the Blue River. Applicant's proposed plan for augmentation may injure the Board's instream flow water rights on Slate Creek, Brush Creek, Squaw Creek and the Blue River by not replacing out-of-priority diversions and / or depletions in time, place and amount. Other Objectors The City and County of Denver, acting by and through its Board of Water Commissioners, the City of Colorado Springs and Trout Unlimited also filed Statements of Opposition to this application. Contact with Applicant The Applicant has contacted CWCB Staff to express its willingness to work with Staffto address the CWCB's concerns. Staff anticipates bringing an injury with mitigation proposal to the Board at a future Board meeting to resolve this case. C:\Documents and Settings\1jb\My Documents\Board Meetings\ConsentAgendaln. SG Company March05.doc