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• Board Meeting Date: 7/11/2007
• Description: ISF Section - Pine River Water Acquisition
• Board Meetings - Doc Type: Memo

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. June15-0ctober 14: flows from 136 cfs to a maximum of 360 cfs. The CDOW believes
flow amounts in this range would improve the natural environment to a reasonable
degree by providing optimum to outstanding habitat.

. October 15-April 30: flows from 75 cfs to a maximum of 140 cfs. The CDOW believes
flow amounts in this range would improve the natural environment to a reasonable
degree by providing outstanding habitat.

Provisions of Donation Aqreement

The Donation Agreement includes the following provisions:

. At their discretion, PRID and the Tribe may provide additional amounts of donated water
to improve the natural environment to a reasonable degree.

. CWCB shall not use the Donation Agreement to oppose any water right application on
the Pine River provided that (1) said application, if decreed, will not impair PRID's or the
Tribe's ability to provide donated water to the Board or injure the Board's ability to use
that water; and (2) PRID and the Tribe have reviewed the application and affirmed the
lack of impairment / injury.

. CWCB, PRID and the Tribe will file a joint application for a new junior storage right for
Vallecito Reservoir that provides for instream flow use exclusively by CWCB in the Pine
River. The CWCB shall be a co-applicant solely to obtain a decreed water right to
implement the Donation Agreement.

. CWCB, PRID and the Tribe will use best efforts to provide for the purchase or lease of
water from Vallecito to supplement the donated water to preserve the natural
environment to a reasonable degree. At their discretion, PRID and the Tribe may also
make water available for purchase or lease to improve the natural environment.

. As long as the Agreement is in place, the CWCB agrees to not apply for a new ISF water
right on the Pine River downstream from Vallecito Reservoir.

ISF Rule 6e. Factors

ISF Rule 6e. requires the Board to evaluate the appropriateness of a proposed acquisition of
water to preserve or improve the natural environment to a reasonable degree, and lists several
factors the Board may consider in that evaluation.

Proposed Reach of Stream:

Summer Instream Flow Reach - Pine River from
the outlet of Vallecito Reservoir, downstream
approximately 12 miles to the Highway 160 Bridge
near Bayfield.

Winter Instream Flow Reach - Pine River from
the outlet of Vallecito Reservoir downstream
approximately 19.5 miles to the confluence with Dry
Creek.

Existinq Natural Environment:

CDOW has classified the Pine River as a large river
(over 100 feet wide). The river supports self-
sustaining brown and rainbow trout populations. In
addition, the river supports populations of mottled

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