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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Booster Pump, staff has concluded that the Authority is allowed under those decrees to deplete
the Eagle River between the Raw Water Booster Pump and the Avon Plant outfall in an amount
of up to 10 cfs. Under this proposal, the .09 cfs of depletions attributable to the Confluence
Development would be included in that 10 cfs.

2. DOW Review and Input

In August, Mark Uppendahl of the DOW staff met with Dennis Gelvin, manager of the
Authority, to discuss the proposed relocated outfall and to inspect the improvements to the Eagle
River adjacent to the Raw Water Booster Pump. Mr. Uppendahl concluded that the proposed
operations under the MOA appear to be beneficial to the Eagle River due to (1) the decrease in
impacts to the River resulting from diverting at the Raw Water Booster Pump instead of the
Metcalf Ditch headgate and (2) the Authority's commitment to maintain the improvements in the
Eagle River adjacent to the Raw Water Booster Pump. The DOW still needs to review the
design plans for the relocated outfall and the 404 permit for that project to reach any final
conclusion about the proposal. To that end, the parties have agreed to add a provision to the
MOA stating that "The Authority and/or District shall provide the DOW with all plans and
specifications for the new Avon Plant outfall upon completions of such plans and specifications."
The DOW will receive and comment on any 404 permit applications submitted by the Authority.

3. Standard for Maintainine Improvements in Eaele River

Based upon CWCB staff's consultation with the DOW, the parties have agreed to add the
following sentence to the provision of the MOA that requires maintenance of the improvements:
"At a minimum, the Authority and/or District shall maintain said improvements to comply with
Special Condition #2 of the Dept. of the Army Permit No. 199575126 issued to the Authority in
connection with the construction of the Raw Water Booster Pump diversion structure and the
improvements described above, particularly the requirement that the depth of the streambed
along the shoreline be maintained to allow sufficient velocity to scour sediment."

4. Additional Laneuaee Requested bv Board

Based upon a request by Board member Tom Sharp, the parties have agreed to add the
following sentence to #1 of the MOA (added language in bold): "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 of the ISF. If the Authority does not meet its obligations
identified in this Agreement, then the CWCB will not consider such discharges to occur at
or above the Raw Water Booster Pump."

5. Division Eneineer Recoenition and Administration of MOA

The parties have agreed to add the following provision to the MOA: "The parties shall
provide a copy of this MOA to the Division Engineer for Water Division 5 and request that the
Division Engineer give the MOA full force and effect in administering diversions at the Raw
Water Booster Pump in relation to the ISF in accordance with paragraph 1 above. In the event
that the Division Engineer does not give the MOA full force and effect, then any party may

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