21

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

Potential iniurv to existinQ riQhts:

Effect of the proposed acquisition on
the maximum utilization of waters of
the state

Effect of proposed acquisition on any
relevant interstate compact issue

Costs to complete the transaction

- 7-

Division Engineers are currently working with water
users to adjudicate these uses.

The water to be used for instream flows will be
stored in Vallecito Reservoir under a junior priority
water right. Water released from storage for ISF
use pursuant to the Donation Agreement will not be
subject to the priority system. As a result, there
should be no injury to existing water rights.

The amount of water donated to the Board for ISF
use may also be water that is delivered to
downstream contract water users, thereby
facilitating maximum utilization of the waters of the
state.

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

Potential costs to the Board include costs
associated with analysis of the water donation
proposal, and any costs associated with the joint
water right application. In addition, there may be
costs associated with monitoring flows in the Pine
River to protect the donated water. Staff, PRID, the
Tribe and the Division Engineer's office have
discussed the possibility of sharing costs for a new
or upgraded stream gage on the Pine River.

Comparison of New ISF Appropriation vs. Water Acquisition

In order to evaluate whether the proposed donation agreement would provide protection for the
Pine River at a level equal to or greater than what could be achieved with a standard new
instream flow appropriation, staff looked at several factors, including:

. Level of protection provided (preserve vs. improve)
. Priority of ISF water rights and relation to other water rights on the stream
. Water availability for recommended vs. donated amounts

Based on the information presented herein, on staff's investigations and analyses during the
negotiation of the Donation Agreement, and upon staff's consultations with the Division of Water
Resources, staff believes the proposed Donation Agreement provides stream flow protection for
the Pine River at a level equal to or greater than a new instream flow appropriation.

Staff Recommendation

Staff recommends that the Board

1. Determine that the amounts of water provided under the Donation Agreement,
including water that may be available under #7.A of the Agreement, are appropriate
to preserve the natural environment to a reasonable degree;

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