BOARD00084 ‎(2)‎

• Board Meeting Date: 11/14/2006
• Description: ISF Section - Proposed Memorandum of Agreement with Upper Eagle Regional Water Authority and Eagle River Water and Sanitation District
• Board Meetings - Doc Type: Memo

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Booster Pump the water it would ot~erwise 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.

Chanl!es Made to the MOA After the September 2006 CWCB Meetine:

1. Recital H

The parties added a sentence to Recital H to clarify their current understanding of the
sources of water that may be discharged from the Avon Plant (added language inbold).

H. The parties desire to enter into an agreement regarding discharges from the Avon
Plant in relation to diversions from the Raw Water Booster Pump and impacts to the ISF.
The parties acknowledge that at tintes,discharges from the Avon Plant may include
water returning from diversion pqints other than the Raw Water Booster Pump.

2. Parae:raph 1

Staff met with representatives of the Authority and District to discuss the changes to
paragraph 1 made at the September Board meeting. The Authority and District requested the
changes set forth below to provide flexibility to both entities in the operation of their water rights
and augmentation plans. Because the MOA will limit the impact to the affected reach to 10 cfs
(or less depending on amount being discharged at the Avon Plant outfall) regardless of what
augmentation plan the Authority is operating under, Staff agreed to recommend this change to
the Board.

1. 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
made by the Authority and the District at the Raw Water Booster Pump, including
but not limited to depletions allowed under water rights and augmentation plans
decreed to the Authority as of the date of this MOA and resulting augmentation
requirements. If the Authority does not meet its obligations identified in this MOA, then
the CWCB will not consider such discharges to occur at or above the Raw Water Booster
Pump.

3. Lane:uae:e rel!ardinl! one:oine: litie:ation

The parties added a new paragraph 8, set forth below, to address the issue raised at the
September Board meeting about any impacts the MOA may have on ongoing litigation.

8. Nothing in this MOA shall be relied upon for any claim or defense by any party to
this MOA in any ongoing litigation between the parties in Case Nos. 98CW205,
98CW270, 02CW403, 03CW78 (and the Supreme Court appeal of that case), and
06CW097; provided however, that this provision shall not negate the provisions of #1 of
this MOA.

Staff Recommendation
Staff recommends that the Board authorize the CWCB Director to execute the Memorandum of
Agreement with the Upper Eagle Regional Water Authority ("Authority") and the Eagle River
Water and Sanitation District.

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