20

• Board Meeting Date: 7/11/2007
• Description: ISF Section - Hat Creek Water Right Acquisition
• 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]
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MEMORANDUM

To: Colorado Water Conservation Board Members

From: Linda Bassi
Stream and Lake Protection Section

Date: July 3,2007

Re: Agenda Item No. 20, July 11-12, 2007 Board Meeting: Hat Creek Wate
Acquisition

The Colorado Water Trust has offered the Colorado Water Conservation Board c.. ~~, .~..~" ~, ~
water right for instream flow use on Hat Creek in Eagle County. The proposed donation is the
Hat Creek Ditch water right, located on Hat Creek, which is a tributary of East Brush Creek,
Brush Creek and the Eagle River in Eagle County (see attached map). In April 2006, Vail
Corporation donated the Hat Creek Ditch water right to the cwr in connection with an
exchange of historically irrigated land with the U.S. Forest Service. In turn, the cwr proposes
to convey the Hat Creek Ditch water right to the Board to preserve the natural environment of
Hat Creek and East Brush Creek to a reasonable degree. The Board initially considered the
cwr's offer of the Hat Creek Ditch water right at its May 2007 meeting, initiating the 120-day
time period for the Board to consider the terms and conditions of the proposed acquisition. No
person has requested a hearing on this acquisition under ISF Rule 6i.(4). At this Board
meeting, staff will request the Board to take final action to accept the donation of the Hat Creek
Ditch water right pursuant to the terms and conditions of the proposed Donation and Acquisition
Agreement attached as Exhibit 1.

1. The Board's Water Acquisition Procedures

Rule 6 of the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program
("ISF Rules") sets forth the Board's procedures for acquiring water for instream flow use. Staff
has provided notice of the proposed acquisition to all persons included on the appropriate ISF
Subscription Mailing Lists pursuant to ISF Rule 6i. Pursuant to section 37-92-102(3), C.R.S.,
Staff has requested recommendations regarding this proposed acquisition from the Division of
Wildlife, the Division of Parks and Outdoor Recreation, the U.S. Department of Agriculture and
the U.S. Department of Interior. The Division of Wildlife's recommendation regarding this
acquisition proposal is attached as Exhibit 2.

ISF Rule 6e. requires the Board to evaluate the appropriateness of the acquisition and
determine how best to utilize the acquired water rights to preserve or improve the natural
environment. The Rule lists several factors the Board may consider in its evaluation of the
acquisition, which factors are addressed below in sections 5-16 of this memo.

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