BOARD00179 ‎(2)‎

• Board Meeting Date: 5/23/2007
• Description: Director's Report - CWCB Director's Report
• Board Meetings - Doc Type: Memo

.

rights on the Roaring Fork River. Staff, in cooperation with the Attorney General's Office,
has negotiated a settlement to ensure that the CWCB's instream flow water rights will not
be injured.

The Board holds the following instream flow water rights that could have been injured by
this application:

CWCB Stream/Lake Amount Approp. Watershed County
Case No. (ds) Date
5-76W2948 Roaring Fork River 32 1/14/76 Roaring Fork River Pitkin
5-85CW646 Roaring Fork River 55/30 11/08/85 Roaring Fork River Pitkin,
Eagle
Pitkin,
5-85CW639 Roaring Fork River 145/75 11/08/85 Roaring Fork River Eagle,
Garfield

.

The CWCB and the Applicant have agreed to the entry of a decree that will prevent
injury to the Board's ISF water rights on the Roaring Fork River. The Applicant has
agreed to the following terms and conditions:

. Applicant acknowledges that the Colorado Water Conservation Board's instream
flow water rights on the Roaring Fork River, decreed in Case Nos. 76W2948,
85CW646 and 85CW639 are senior to the Beirne Pump and Pipeline and Beirne
Pond water rights.
. At times when the CWCB has placed a call for said instream flow water rights,
Applicant (1) shall not divert from the Beirne Pump and Pipeline without
making replacements, as described below, and (2) shall release water from the
Beirne Pond to offset out-of-priority depletions from evaporation from the Beirne
Pond.
- When the CWCB has placed a call, inflows and outflows of the pond shall
remain equal and evaporation caused by the Beirne Pond shall be
replaced on a monthly basis or as frequently as may be directed by the
Division of Engineer and/or the Water Commissioner. Applicant shall
lower the pond water level by removing boards from the outlet works as
necessary to replace evaporation resulting from both the recirculating
flow and normally occurring pond evaporation. Furthermore, Applicant
shall not replace any boards or otherwise increase the pond water level
for the duration of the CWCB call period.
- All 0.775 acre-feet of water decreed to the Beirne Pond will be available
for release, if necessary.
· The State Engineer shall curtail all out-of-priority diversions, the depletions from
which are not so replaced as to prevent injury to vested water rights.

.

33