09d

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

the instream flow amount decreed in Case No. 1-80CW379A. Staff is continuing negotiations
with applicant's attorney, as of 3/5/08.
. For a change of water rights and appropriative right of exchange on the Big Thompson River, the
Applicant will include terms and conditions in the decree providing that (1) at times when the
CWCB has placed a call for its ISF water rights on the Big Thompson River, decreed in Case No.
1-89W206, the Applicant shall curtail its diversions at the Loveland Electric Park alternate point
of diversion and the exercise of its exchange rights to the extent necessary to prevent injury to the
ISF right, and (2) at times when the CWCB has placed a call for its ISF water rights on the Big
Thompson River, decreed in Case No. 1-89W205, 1-89CW206, and/or 1-89CW200, the
Applicant shall curtail its diversions at the Olympus Tunnel alternate point of diversion and the
exercise of its exchange rights to the extent necessary to prevent injury to these ISF rights.
. For a change of water rights and a plan for augmentation on Dry Woody Creek, a tributary of the
Roaring Fork River, the Applicant will ensure that the Central Domestic System Pond and the
Central Domestic System Pond Alternate Point of Storage No. 1 are both decreed for
augmentation use, and that the Applicant will include the following terms and conditions in the
decree: (1) At times when the CWCB has placed a call for one or both of the instream flow water
rights on the Roaring Fork River decreed in Case Nos. 85CW646 and 85CW639, the Applicant
shall replace its out-of-priority depletions from its on-site ponds or other augmentation sources
upstream of where the depletions impact the Roaring Fork River. (2) Applicant shall ensure that
the Central Domestic System Pond and the Central Domestic System Pond Alternate Point of
Storage No. 1 do not intercept ground water. (3) Applicant shall install and maintain measuring
devices and implement accounting procedures to verify that the augmentation water equals out-
of-priority depletions. (4) Applicant shall only operate the exchange when all the potentially
affected decreed instream flows are being met.
. For a change of water rights and a plan for augmentation on the Sheep Cabin Creek, tributary to
the Rito Blanco, tributary to the Rio Blanco River, the Applicant will include terms and
conditions in the decree providing that at times when the CWCB has placed a call for its ISF
water rights on the Rio Blanco River, decreed in Case No. 74W1295, the Applicant shall replace
its out-of priority depletions, including lagged depletions (as required in the decree), from its
wells and its historical irrigation return flows (as required in the decree) in time and amount at a
point on or upstream along the Rito Blanco of the confluence of the Rito Blanco River with the
Rito Blanco River.
. For a change of water rights and a plan for augmentation with exchange on the several tributaries
of the Rio Grande River, Applicant will include terms and conditions in the decree providing that
the Applicant shall not include in the plan for augmentation any structures on nine specified
tributaries of the Rio Grande River, and to address potential impacts to instream flow water
rights, shall include language from paragraphs 29 and 30 from the decree in Case No. OSCW13.
For each of these cases, the applicant will provide the CWCB staff with copies of all proposed decrees so
that staff can ensure that the agreed upon language is included. The applicants have agreed to not oppose
a motion to intervene by the CWCB if the agreed upon language is not included in the final proposed
decree. Furthermore, for the cases in which staff still is negotiating the terms with the applicant's
attorney, the applicant has acknowledged the ongoing negotiations and has agreed to not oppose a motion
to intervene filed by the CWCB if the parties are unable to reach agreement on the proposed terms and
conditions.
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