BOARD00085 ‎(2)‎

• Board Meeting Date: 11/14/2006
• Description: ISF Section - Injury with Mitigation - Case No. 5-04CW238, Application of S.G. Company
• Board Meetings - Doc Type: Memo

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EXHIBIT A

S.G. Companv-Mt. Powell Ranch
Case No. 04CW238 - Request for Approval of an Iniurv with Mitie:ation Plan to the
Colorado Water Conservation Board
Blue River in Summit County. Colorado

Introduction:

The 3.5 mile reach of the Blue River that is the subject of this injury with mitigation proposal by
S.O. Company is located on the Mt Powell Ranch (the "Ranch") north of Silverthorne in Summit
County, Colorado. A project map has been provided in Appendix I. The frontage owned by 8.0.
Company on the Ranch begins just downstream of the Slate Creek confluence and extends
downstream approximately 18,500'. This reach includes one mile of ownership on both sides and
2.5 miles of ownership on one side with agreements in place with the adjacent landowners related
to the restoration work that has been completed by 8.0. Company within the Blue River. S.O.
Company is providing this report to assist the Colorado Water Conservation Board ("CWCB") in
its consideration of S.O. Company's injury with mitigation proposal pursuant to ISF Rule 8.i(3).

S.o. Company has appropriated water rights that together comprise a fish habitat project within the
Ranch on the Blue River, a tributary of the Colorado River. The fish habitat project water rights and
features include the Oxbow fishery channel, a restored historic floodplain channel, together with
associated open channels, fill ditches and return facilities to the Blue River (the "OxbowfFloodplain
Fish Habitat Improvements"). In Case No. 04CW238, S.O. Company has applied to the Water Court
for approval of a water supply plan for the Oxbow/Floodplain Fish Habitat Improvements, which
includes adjudication of water rights for the Oxbow/Floodplain Fish Habitat Improvements, changes
of water rights, augmentation of out-of-priority depletions, and supplementation of flows for the
Oxbow/Floodplain Fish Habitat Improvements. The amended Water Court application is attached
hereto as Appendix II.

In 2005-2006 S.O. Company commenced restoration of the Oxbow/Floodplain Fish Habitat
Improvements on the Ranch. The restoration of the Oxbow will substantially improve the fishery
habitat for the Blue River by providing an additional 2850 linear feet (approximately 200,000 square
feet) of habitat, including a func~ioning floodplain and wetlands, and additional water depth and
winter holding capacity for fish. Within the Oxbow Reach, S.O. Company installed 40 Structures
and completely reshaping the thalweg, all of which are specifically designed to create fish habitat
as part of the Oxbow/Floodplain Fish Habitat Improvements.

In Case No. 87CW298, Water Division No.5, the CWCB adjudicated a seasonally adjusted
minimum stream flow on the Blue River (hereinafter "ISF"). The ISF extends through the reach of
the Blue River that may be impacted by the Oxbow/Floodplain Fish Habitat Improvements. Thus,
8.0. Company is submitting this proposal to the CWCB to mitigate any injury to the ISF that may
be caused by the operation of the OxbowlFloodplain Fish Habitat Improvements.

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