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ST ATE OF COLORADO Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, Colorado 80203 Phone: (303) 866-3441 FAX: (303) 866-4474 www.cwcb.state.co.us MEMORANDUM B ill Ritter, J r. Governor To: Colorado Water Conservation Board Members Harris D. Sherman Executive Director From: Linda Bassi Stream and Lake Protection Section Dan McAuliffe CWCB Acting Director Date: September 4, 2007 Re: Agenda Item No.9, September 18-19, 2007 Board Meeting: Application of St. Vrain & Left Hand Water Conservancy District (Case No. 1-02CW334) - Pretrial Resolution This agenda item presents a proposed pretrial resolution with the St. Vrain & Left Hand Water Conservancy District ("District") for the entry of a decree granting its application for approval of a plan for augmentation including exchange. This case is scheduled for a three-day trial to commence on December 17,2007. By approving this proposal, the Board would agree to (1) recognize certain historical uses under section 37-92-102(3)(b), eR.S. and (2) potentially accept a very small amount of injury to its in stream flow ("ISF") water rights that may result from the operation of this plan for augmentation on Middle St.Vrain Creek, James Creek and Left Hand Creek. Although this proposal may not provide 100% protection of the Middle St. Vrain Creek and Left Hand Creek ISF water rights, Staff will recommend that the Board approve this proposed pretrial resolution based in part upon the historical depletions covered by section 37-92-102(3 )(b) and due to (1) the small amounts of depletions; (2) the infrequency of the times that injury to the ISFs would occur; and (3) the overall benefits provided by this plan for augmentation to other ISF water rights and to water users in the District's service areas. Back2:round The District seeks approval of a plan to replace out-of-priority stream depletions occurring in the St. Vrain Creek and Left Hand Creek basins due to out-of-priority water uses. A vicinity map showing the District's service area and replacement sources, and potentially affected ISF water rights is attached to this memo. The Board filed a statement of opposition to this application to prevent injury to the following ISF water rights: Case No. Stream/Lake Amount (cfs) Appropriation Date 1-78W9361 1-87CW281 1-95CW261 1-78W9362 1-87CW278 Middle St. Vrain Creek Middle St. Vrain Creek South St. Vrain Creek South St. Vrain Creek South St. Vrain Creek 12 8/5 various (1, 2, 5) 8 various (7, 12,20) 7/1111978 12/1111987 7/24/1995 7/1111978 12/1111978 Colorado Water Conservation Board Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation and Drought Planning