20b

• Board Meeting Date: 9/18/2007
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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5 2 Rabbit Ears Creek Grand BLM Completed Initial Review of Data
Water A yailability Analysis complete
5 2 Troublesome Creek Grand BLM Completed Initial Review of Data
Water A yailability Analysis complete
5 2 Corral Creek (ISF Increase) Grand BLM Completed Initial Reyiew of Data &
Existing ISF: 5-86CW2l4 Field Investigation
Water A yailability Analysis complete
5 2 Beaver Creek (ISF Grand BLM Completed Initial Reyiew of Data &
Increase) Existing ISF: 5- Field Investigation
86CW206 Water A yailability Analysis complete
5 2 Willow Creek (ISF Grand BLM Completed Initial Review of Data &
Increase) Existing ISF: 5- Field IllYestigation
78W'3774 Water A yailability Analysis complete
6 1 Indian Creek Jackson BLM Completed analyses on statutory
6 1 South Fork Big Creek Jackson BLM determinations. Waiting on Jackson
1 County WCD to begin negotiations as
North Fork North Platte directed bv the Board. Jackson
6 River Jackson BLM County indicated that they are seeking
counsel.
6 '3 Piceance Creek Rio Blanco BLM. CDOW Completed Initial Review of Data &
Field Investigation
6 '3 Black Sulphur Creek Rio Blanco BLM Completed Initial Reyiew of Data &
Field IllYestigation
6 '3 East Willow Creek Rio Blanco BLM Completed Initial Reyiew of Data &
Field Investigation
6 '3 Yellow Creek Rio Blanco BLM. CDOW Completed Initial Reyiew of Data &
Field Investigation
6 '3 Little Cottonwood Creek MotTat CDOW Continuing wi th tield illYestigations
on water availabilitv.

SUMMARY OF RESOLVED CASES: The Board's ISF Rule 8i. states that: "In the event the
pretrial resolution includes terms and conditions preventing injUlY or intelference and does not
involve a modification, or acceptance of injury or interference with mitigation, the Board is not
required to review and ratify the pretrial resolution. Staff may authorize its counsel to sign any
court documents necessary to finalize this type of pretrial resolution without Board ratification."
Staff has resolved issues of potential injury in the following water court cases and authorized the
Attorney General's Office to enter into stipulations that protect the CWCB's water rights:

(1) Case No. 5-03CW297: Application of Eagle County

The Board ratified this statement of opposition at its March 2004 meeting. The Board's main
objective in filing the statement of opposition in this case was to ensure that the Applicant's
proposed change of water rights would not injure the Board's instream flow water rights on the
Eagle River. Staff, in cooperation with the Attorney General's Office, has negotiated a settlement to
ensure that the CWCB's in stream flow water rights will not be injured.

The Board holds the following instream flow water rights that could have been injured by this application:

CWCB Stream/Lake Amount (cfs) Approp. Watershed County
Case No. Date
5-80CW 134 Eagle River 85/35 3/17/80 Eagle River Eagle
5-80CW 126 Eagle River 110/45 3/17/80 Eagle River Eagle
5-80CW 124 Eagle River 130/50 3/17/80 Eagle River Eagle

Flood Protection. Water Project Planning and Finance. Sn-eam and Lake Protection
Water Supply Protection. Conservation Planning