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• Board Meeting Date: 7/11/2007
• Description: ISF Section - Hat Creek Water Right Acquisition
• Board Meetings - Doc Type: Memo

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right for instream flow use will make water available for downstream use and contribute to the
maximum utilization of the waters of the state.

14. Effect of Proposed Acquisition on Anv Relevant Interstate Compact Issue

Based on information currently available, the proposed acquisition does not appear to affect any
interstate compact issue.

15. Availabilitv of the Acquired Water for Subsequent Use Downstream

Acquisition of the Hat Creek Ditch water right will leave up to 21 acre-feet of water in stream that
was previously lost to the system through consumptive uses. That water could be available for
subsequent use on Brush Creek and the Eagle River, as long as existing instream flow water
rights are not injured.

16. Costs to Complete the Transaction. or Other Associated Costs

There are various costs associated with completing this water right acquisition. Helton &
Williamsen, P.C. prepared an engineering report evaluating the Hat Creek Ditch water right's
historical uses. Potential costs to the Board include costs associated with analysis of the water
right acquisition proposal, including updating or expanding the Helton & Williamsen report, and
any costs associated with preparing, filing and prosecuting a change of water right application
for the instream flow use. Since the Board already holds and protects existing instream flow
water rights on Hat Creek and East Brush Creek, staff does not expect to incur significant
additional costs to protect the acquired rights.

Staff Recommendation

Staff recommends that the Board

1. Conclude that the proposed acquisition of the Hat Creek Ditch water right is
appropriate to preserve the natural environment of Hat Creek and East Brush Creek
to a reasonable degree.
2. Determine that the acquired Hat Creek Ditch water right would be best utilized by
combining it with the Board's existing decreed ISF water rights on Hat Creek and
East Brush Creek to maintain flows on those creeks in the amounts decreed in Case
No. 87CW271 (Hat Creek) and Case No. 77W3627 (East Brush Creek) ;
3. Acquire the Hat Creek Ditch water right from the Colorado Water Trust pursuant to
the proposed Donation and Acquisition Agreement;
4. Authorize the Acting Director to execute the Donation and Acquisition Agreement;
and
5. Direct staff to work with the Attorney General's Office to file a water court application
to change the use of the acquired water right to instream flow use.

Attachments

Flood Protection' Water Project Planning and Fmance . Stream and Lake Protection
Water Supply Protection. Conservation Planning