30 ‎(2)‎

• Board Meeting Date: 11/18/2007
• Description: ISF Section - Pretrial Resolution - Case No. 1-02CW334; Application of St. Vrain and Left Hand Water Conservancy District
• 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 NleAulit't'e
Acting CWCB Director
DATE: November 5, 2007
SUBJECT: Agenda Item 30, November 14-15, 2007 Board Meeting
Stream and Lake Protection -Pretrial Resolution -Case No. 1-02CW334:
Application of St. Vrain and Left Hand Water Conservancy District
This agenda item presents proposed changes to a pretrial resolution with the St. Vrain & Left
Hand Water Conservancy District ("District") approved by the Board at its September 2007
meeting. After consulting with the State and Division Engineer about the administrability of the
proposed stipulation and decree, CWCB staff and the District began to negotiate a different term
and condition to include in the decree for the District's proposed plan for augmentation including
exchange. The new provision is more restrictive on the District than the settlement proposal
approved by the Board in September. This agenda item will update the Board and request Board
approval of the changes to the pretrial resolution.
Background
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. In September, the
Board approved a pretrial resolution under which the Board would agree to: (1) recognize certain
historical uses under section 37-92-102(3)(b), C.R.S. and (2) potentially accept a very small
amount of injury to its instream 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. The
Board approved the proposal based in part upon the historical depletions covered by section 37-
92-102(3)(b) and based upon: (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. At the
Board meeting, Assistant State Engineer Dick Wolfe raised the question of whether the Board's
agreement to accept some injury on the subject creeks could result in a selective subordination of
an ISF water right on any of those creeks if the Board placed a call for its ISF water right(s).
Water Supply Protection • Fluud Protection • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate ~F'ater Management & Development