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. . . STATE OF COLORADO Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, Colorado 80203 Phone:(303)~3441 FAX: (303) 866-4474 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: November 3, 2006 Dan McAuliffe Deputy Director Re: Agenda Item No. 19, November 13-15,2006 Board Meeting: Proposed MOA with Upper Eagle Regional Water Authority and Eagle River Water and Sanitation District At the September 2006 CWCB meeting, the Board approved a Memorandum of Agreement ("MOA" between the Upper Eagle Regional Water Authority ("Authority"), the Eagle River Water and Sanitation District ("District") and the CWCR The 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"). Since the September 2006 meeting, the parties have negotiated two changes to the MOA. This memo identifies and explains those changes and a paragraph added regarding the impact of the MOA on ongoing litigation. The revised MOA is attached to this memo. Backe:round The MOA will 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 effluent 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 immediately upstream of the Raw Water Booster Pump for purposes of determining injury to the ISF from depletions resulting from diversions by the Authority and the District at the Raw Water Booster Pump. . 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 Colorado Water Conservation Board Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation and Drought Planning