BOARD00037 ‎(2)‎

• Board Meeting Date: 9/20/2006
• Description: ISF Section - Proposed Memorandum of Agreement with Upper Eagle Regional Water Authority and Eagle River Water Sanitation District
• Board Meetings - Doc Type: Memo

-.

.

.

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

To:

Colorado Water Conservation Board Members

Russell George
Executive Director

From: Dan Merriman and Linda Bassi

Rod Kuharich
CWCB Director

Date: September 7, 2006

Dan McAuliffe
Deputy Director

Re: Agenda Item No. 19, September 19-20,2006 Board Meeting: Proposed MOA with
Upper Eagle Regional Water Authority and Eagle River Water and Sanitation
District

This agenda item stems from a request by East West Partners ("EWP"), the developer of the
Confluence Project, a condominiumlhotel project located in Avon, Colorado. EWP requests that
the Board enter into a Memorandum of Agreement ("MOA") with the Upper Eagle Regional
Water Authority ("Authority") (water provider) and the Eagle River Water and Sanitation
District ("District") (wastewater treatment provider). The proposed MOA addresses discharges
from the Avon Waste Water Treatment Plant in relation to diversions from the Raw Water
Booster Pump (a diversion point used by the Authority) and impacts to the Board's Eagle River
instream flow water right decreed in Case No. 80CW134 for 85 cfs (May I-September 30) and
30 cfs (October I-April 30) on the Eagle River from the confluence with Gore Creek to the
confluence with Lake Creek ("the ISF").

The Board reviewed and discussed the proposed MOA at the July 2006 Board meeting, and
instructed staff to work with EWP to address issues raised during that discussion. This memo
discusses the background ofEWP's request and the issues raised in July. Because staff was still
in the process of negotiating with the Authority on language to be included in the MOA, the
revised proposed MOA is not attached to this memo. Staff will provide the MOA to the Board
prior to Board meeting if possible.

Backeround

The Confluence Development will obtain potable water from the Authority and has reached an
agreement with the Town of Avon to satisfy the Town's water requirements for new
construction. The Development will require 13.41 acre feet of consumptive use annually, and
has dedicated approximately 15 acre-feet of senior water to the Authority to augment the
Development's depletions to the Eagle River. In part to address these additional depletions to
the Eagle River, the Authority and District intend to relocate the discharge of the treated effluent
from the Avon Waste Water Treatment Plant to a point 25 feet or less downstream of the Raw
Water Booster Pump point of diversion. This proposal is based in part on an injury with

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning