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

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mitigation pretrial resolution memorialized in a stipulation entered into by the CWCB and the .
Authority in Case No. 97CW306, which was decreed in March 200 I.

Case No. 97CW306 involved an application for conditional surface and storage water rights,
changes of water rights, and plan for augrrientation and exchange connected with the Village at
Avon development. Among other things, the stipulation provides that after a trigger point when
the development and water demand reached a certain level, at times when the Eagle River ISF is
not being met, the Authority will "ensure that effiuent generated at the Avon Wastewater
Treatment Plant shall be delivered upstream to a point approximately 70 feet downstream of the
Raw Water Booster Pump." The Authority also agreed "to make some stream improvements in
the reach between the Raw Water BoosterPump and the point where effiuent may be delivered
upstream . . . consisting of the movement and lor placement of rocks, to help direct Eagle River
flows toward the North bank of the Eagle River during times of low flows to help maintain a fish
passage in this 70 foot reach." The Authority has made the improvements to the subject reach of
the Eagle River. According to Dennis Gelvin, General Manager of the Authority, the
improvements concentrates and directs flows to the north bank of the Eagle River, which both
enhances fish passage and improves the flow of the water into the Raw Water Booster Pump.
The Authority has not yet installed a pumpback system to implement the 97CW306 stipulation.
The trigger points identified in the stipulation have not been reached to date.

Discussion

The proposed MOA would permit up to 10 cfs of depletions to the 25 foot or less reach of the
Eagle River between the Raw Water Booster Pump and the relocated discharge point of the
Avon Waste Water Treatment Plant. The two key provisions of the MOA are:

. In the event the Authority and/or the District discharge the treated effiuent from the Avon
Plant to a location in the Eagle River 25 feet or less downstream of the Raw Water
Booster Pump, such discharge up to 10 cfs (the current capacity of the Avon Plant) will
be considered to occur at or upstream of the Raw Water Booster Pump for purposes of
determining injury from diversions at the Raw Water Booster Pump to and augmentation
ofthe ISF.

. At times when the flow of the Eagle River immediately downstream of the Metcalf Ditch
Headgate is less than the current amounts decreed to the ISF as a result of diversions by
the Authority, the Authority shall, when physically possible, divert at the Raw Water
Booster Pump the water it would otherwise have diverted at the Metcalf Ditch Headgate.
This provision is limited to the physical capacity of the Raw Water Booster Pump and
shall not in any manner be construed as a subordination of any of the Authority's water
rights to the ISF. This provision is also not intended to affect the operation of the
Edwards Drinking Water Facility Division or the Authority's other diversion points.

Issues Raised at Julv 2006 CWCB Meetine:

1. Amount of Additional Depletions to Eae:le River under MOA

At the July Board meeting, the question arose of whether the MOA would allow up to 9
cfs of additional depletions to the impacted reach of the Eagle River. Scott Balcomb, attorney
for EWP, stated that under existing decrees, the Authority already was allowed up to 10 cfs of
depletions to the reach of the Eagle River between the Raw Water Booster Pump and the Avon .
Wastewater Treatment Plant outfall. After meeting with EWP and reviewing several water court
decrees involving diversions by the Upper Eagle Regional Water Authority at the Raw Water
Flood Protection. Water Project Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation Planning

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