17 ‎(3)‎

• Board Meeting Date: 1/23/2008
• Description: ISF Section - Injury with Mitigation - Case No. 3-99CW34; application of Charles E. Nearburg
• Board Meetings - Doc Type: Memo

Colorado Water Conservation Board
January 7, 2008
Page 3

II. In;ury willi mitigation plan.

A. Extent of proposed inimy. The five structmes in the Application that are the
subject of this injury with mitigation plan are known as the Trout Creek Fishery Chatmel Nos. 1
through 5 (the "Channels"). The locations the Channels at.e shown on the Exhibit A figme
attached to the enclosed draft Stipulation, and more fully described in the Application and draft
Stipulation. In general, the Channels will be constructed as atl excavated chatmel with one or
more ponds located along the comse of each chatmel. Surface water divelted into the Channels
will flow through and return to Trout Creek. The length of the Channels from the point of
diversion to the point ofretmn to Trout Creek, varies from 300 to 1200 feet, and diversions into
the Channels will cumulatively affect approximately 2700 feet of the Trout Creek ISF reach
(resulting in a ratio of approximately 3 feet of previously improved/restored stream for every 1
foot of affected stream reach).

The Channels at.e intended to provide additional aquatic habitat and deep water refuge for
fish species in Trout Creek - a purpose consistent with that of the ISF. Surface diversions fi.-om
Trout Creek into the Channels will be limited to the period from May 1 to October 15, with no.
surface diversions occurring during the period from October 16 to April 30. The Application
claims a diversion rate of 1 c.f.s. for each of the Chatmels. These diversions will be made in
series; water diverted by each Channel will return to the Creek above the inlet to the next
downstreatn Channel.

Moreover, to minimize atlY potential impact to the natural environment of Trout Creek,
the Channels will diveli at a rate of less than 1 c.f.s. when flows in Trout Creek drop below
specific amounts, and all diversions into the Channels will cease when the gaged flow in Trout
Creek is at or below 15 c.f.s. Specifically, surface diversions into the Channels will be limited as
follows:

When the total native flow in Then surface diversions into
Trout Creek at the gage is the Chatmels (in series) shall
greater thatl or equal to (cfs): not exceed (cfs):
26 1
25.9 0.9
25.8 0.8
25.7 0.7
25.6 0.6
15.5 - 25.5 0.5
15.4 0.4
15.3 0.3
15.2 0.2
15.1 0.1