BOARD00181 ‎(2)‎

• Board Meeting Date: 5/23/2007
• Description: ISF Section - Pretrial Resolution - Case No. 5-04CW151, Application of Copper Mountain, Inc
• Board Meetings - Doc Type: Memo

~;.

.-

.

'.

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Ritter, Jr.
Governor

To: Colorado Water Conservation Board Members

From: Linda Bassi 0\ ~
Stream and L~ction Section

Harris D. Sherman
Executive Director

Rod Kuharich
CWCB Director

Date: May 12,2007

Dan McAuliffe
Deputy Director

Re: Agenda Item No. 24, May 22-23, 2007 Board Meeting: Application of Copper
Mountain, Inc. (Case No. 5-04CW151) - Pretrial Resolution

This agenda item presents a proposed pretrial resolution with Copper Mountain, Inc. ("Copper") for
the entry of a decree granting its application for approval of a plan for augmentation, including
exchange. By approving this proposal, the Board would agree to potentially accept a very small
amount of injury to its instream flow water right on West Tenmile Creek, decreed in Case No.
86CW205 for 5 cfs (April I-September 30) and 2 cfs (October I-March 31) that may result from
the operation of this plan for augmentation. Staff is bringing this proposal to the Board because of
uncertainty regarding whether and to what extent the West Tenmile Creek ISF water right will be
injured. Although this proposal may not provide 100% protection of the West Tenmile Creek ISF
water right, Staff will recommend that the Board approve this proposed pretrial resolution due to (1)
the possibility that injury may not occur at all; (2) the practicably immeasurable amount of
depletions; and (3) the degree of uncertainty as to where the depletions impact West Tenmile Creek.

Back2round

Copper has applied for a conditional ground water right for the CB-2 Well for industrial use in
connection with snowmaking operations at the Copper Mountain Ski Resort and for limited in-house
domestic use by employees at the Compressor Building-2 facility. (See map attached to this memo).
Copper intends to use the ground water supply in its air compressor cooling system. The historical
water supply for that use has been diverted from Ten Mile Creek, but high levels of calcium and
sulfate in the water form precipitates during the evaporative process and damage the snowmaking
equipment. Copper also seeks approval of a plan for augmentation to replace out-of-priority
depletions associated with pumping from the CB-2 Well. The proposed sources of augmentation
water are the West Tenmile Ditch, and releases from West Lake, Williams Fork Reservoir, Dillon
Reservoir, and Clinton Gulch Reservoir. The proposed plan for augmentation also has the potential
to injury the Board's ISF water right on Tenmile Creek, which can be addressed with releases from
Clinton Gulch Reservoir.

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning