BOARD00125 ‎(2)‎

• Board Meeting Date: 1/24/2007
• Description: ISF Section - Injury with Mitigation - Case No. 1-04CW323, Application of EMJ Squaw Pass, LLC
• Board Meetings - Doc Type: Memo

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directed by the DOW. The size, species and location of stocking will be determined annually
based upon site review and recommendations by DOW personnel. Such recommendations will
be made in consultation with Trout Unlimited,

Following the third year, the two creeks will be revaluated by the DOW to assess the
effectiveness of the fish stocking program, The evaluation will determine which of the following
alternatives the Applicant should pursue: 1, continue the annual stocking, 2, temporarily suspend
the program or 3, fund the construction of habitat improvement structures at key locations within
the two creeks. The results of the evaluation and recommended course of action will be
presented at a meeting to include representatives of the CWCB, DOW, Trout Unlimited and the
Applicant. Similar assessments and ''Team'' meetings will be held every third year for the
purpose of evaluating the effectiveness of the Mitigation Plan and to establish a plan of action for
the ensuing three year period.

Regardless of the recommended course of action, Echo Mountain will continue to fund directly, or
contribute to a designated account, a sum of money equal to $3,000 annually. By way of
example, should DOW decide to suspend the stocking program for two years in order to evaluate .
the health of the fishery, Echo Mountain will continue to fund the program during the suspension
by depositing money in an account. The money that is accrued in the account can be used in
future years for fishery improvements, Such funding will continue for a period of 25 years. The
annual, $3,000 contribution will be adjusted every 3rd year to account for inflation. The
adjustment will be made based upon a mutually agreeable index such as CPI or PPI.

The Applicant would reserve the right to discontinue the annual payment if; 1. Echo Mountain
ceases operation and diversions are curtailed or 2. Echo Mountain Park completes construction
of its planned Warren Gulch Reservoir and is in position to fully augment its depletions at a
location upstream of the two CWCB instream flow water rights,

5.0 SUMMARY

The Applicant desires to enter into an agreement and court stipulation for decreed terms and
conditions with the CWCB to accept "injury with mitigation" concerning its proposed Plan for
Augmentation and Exchange described in water court application 04CW323. The mitigation
offered by the Applicant consists of annual $3,000 payments to be made over a 25 year period,
The money will be used to directly improve the fishery resource in Little Bear Creek and Soda le

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