29 ‎(2)‎

• Board Meeting Date: 11/18/2007
• Description: ISF Section - Authorization to Proceed to Trial - Case No. 5-01CW304; Application of Copper Mountain, Inc.
• Board Meetings - Doc Type: Memo

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
Fax: [phone]
wuu . o~n cU. state. co.us
Bill Ritter, Jr.
Governor
TO: Colorado Water Conservation Board Members
H:uris D. Sherman
DNR Executive Director
FROM: Linda Bassi, Chief
Stream and Lake Protection Section Dan NlcAnliffe
Acting CWCB Director
DATE: November 5, 2007
SUBJECT: Agenda Item 29, November 14-15, 2007 Board Meeting
Stream and Lake Protection -Authorization to Proceed to Trial -Case No.
5-O1CW304: Application of Copper Mountain, Inc.
This case is set for asix-day trial on December 13, 14, and 18-21, 2007. The parties are
discussing settlement options and preparing for trial on a parallel track. Staff and the Attorney
General's Office intend to discuss litigation strategy and settlement options with the Board in
executive session, and will request authorization to proceed to trial in the event the parties are
unable to settle the case.
Background
In this case, Copper Mountain, Inc. seeks approval of a change of its Tenmile Creek Pipeline
water right and a plan for augmentation. (See map attached to this memo). In January 2002, the
CWCB filed a statement of opposition to protect its ISF water right on Tenmile Creek decreed in
Case No. 86CW209 for 10 cfs (April 1-Sept. 30) and 7 cfs (October 1-March 31). In March
2004, the CWCB and Copper Mountain entered into a stipulation that appeared to provide 100%
protection to the Tenmile Creek ISF. The decree attached to the stipulation included the
following provision: "Releases from the Clinton Reservoir will occur at the time and in amounts
equal those depletions from Tenmile Creek attributable to the 24 acres of golf course irrigation."
The stipulation and decree also acknowledged that Copper Mountain and the Colorado
Department of Natural Resources entered into a Memorandum of Agreement ("MOA") in 1986,
amended in 1988, that addressed the relationship between several of the CWCB's ISF water
rights and Copper Mountain's water uses. In September 2004, the Referee entered a ruling in
this case. In October 2004, the State and Division Engineers filed a protest to ruling upon
learning that golf course diversions would be concentrated in an eight hour period while
replacement water would be released at a constant rate. Because the proposed method of
replacement does not replace depletions in time, place and amount as set forth in the March 2004
stipulation, the CWCB resumed its participation in the case.
Water Supply Protection • Fluud Protection • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water Management & Development