09d

• Board Meeting Date: 3/18/2008
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

AGENCY UPDATES
NEW STREAM AND LAKE PROTECTION SECTION STAFF MEMBER -Kaylea White
joined the Stream and Lake Protection Section on February 11, 2008 to fill the position vacated by Linda
Bassi in September 2007. Kaylea will work on legal protection of the Board's instream flow water rights
and on acquisitions of water for ISF use. She is a water attorney, geologist and hydrogeologist, bringing
significant knowledge and experience to her new position. Please join us in welcoming Kaylea to the
CWCB staff.
DECEMBER 2007 WATER COURT RESUME REVIEW PROCESS -After reviewing all of
the December 2007 water court resume notices, Staff reviewed approximately thirty water court
applications filed in December 2007 that could potentially injure instream flow water rights. Based upon
that review, Staff filed statements of opposition to eleven applications, as identified in the March 2008
consent agenda. Additionally, Staff was able to achieve protection of the Board's ISF water rights
without filing statements of opposition in nine cases by requesting and obtaining letters from the
applicants' attorneys on behalf of their clients agreeing to include in their decrees the following types of
protective language to prevent injury to the Board's ISF water rights:
. For a plan for augmentation including exchange on Snowmass Creek and the Roaring Fork River,
the Applicant will include teams and conditions in the decree providing that (1) at times when the
CWCB has placed a call for its ISF water rights on Snowmass Creek and the Roaring Fork River,
decreed in Case Nos. W-2943A, W-29423B, 85CW639, 85CW646, 92CW280, and 92CW281,
the Applicant shall curtail diversions from the Sullan Enlargement of the Bright Ditch to fill its
ponds. Applicant shall only operate the exchange when it is in priority, and the ponds will be
constructed so as not to intercept groundwater.
For a change of water rights on Blush Creek and the Eagle River, the Applicant will include
terms and conditions in the decree providing that (1) Applicant shall curtail its new point of
diversion (Case River Pumpstation) so as to not exceed the amount of water legally and
physically available at the original point of diversion and (2) shall not reduce the flow in the
Eagle River to below the instream flow amount decreed in Case No. 80CW126.
. For a plan for augmentation on the Elk River, the Applicant will include a term and condition in
the decree providing that at times when the CWCB has placed a call for its ISF water rights on
the Elk River, decreed in Case No. 6-77W1331, (1) the Applicant shall curtail diversions under
the Trull and Morin Ditch Marabou Ranch Enlargement, and (2) Applicant shall replace out-of-
priority depletions as well as all unnamed tributary inflows that are intercepted by the Marabou
Augmentation Ponds in time, amount and location.
. For a change of water rights on St. Vrain Creek, the Applicant will include terms and conditions
in the decree providing that the change of water rights are subject to ISF rights on North St. Vrain
Creek and South St. Vrain Creek, decreed in Case Nos. 87CW278, 87CW282, 87CW283, and
78W9363 and that the change will not be operated to the extent that it would reduce flows below
the decreed instream flow rates.
. For a change of water rights on South Boulder Creek and Coal Creek, the Applicant will include
terms and conditions in the decree providing (1) Applicant shall curtail its new point of diversion
(Louisville Pipeline) so as to not exceed the amount of water legally and physically available at
the original point of diversion and (2) shall not reduce the flow in South Boulder Creek to below
.,.29.,.