30

• Board Meeting Date: 3/18/2008
• Description: ISF Section - Injury with Mitigation - Case No. 3-99CW34 - Application of Charles Nearburg
• 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 J. Bassi, Chief
Stream and Lake Protection Section Jennifer L. Gimbel
CWCB Director
DATE: March 9, 2008 DanMcAnliffe
CWCB Deputy Director
SUBJECT: Agenda Item 30, March 18-19, 2008 Board Meeting
Stream and Lake Protection -Injury with Mitigation -Case No. 3-99CW34;
Application of Charles Nearburg
Staff Recommendation
Staff recommends that the Board:
1) Determine that the natural environment of Trout Creek could be preserved to a reasonable
degree with the proposed injury if Charles Nearburg provides the proposed mitigation.
2) Authorize staff and the Attorney General's Office to enter into a stipulation with Charles
Nearburg implementing the injury with mitigation proposal as approved by the Board that
also includes terms and conditions that are fully protective of the Board's instream flow
water rights related to the other aspects of this water court application.
Introduction
This agenda item addresses a proposed pretrial resolution under ISF Rule 8i. (3) (Injury
Accepted with Mitigation). Rule 8i.(3) requires the Board to consider an injury with mitigation
proposal using a t~vo meeting process. This is the second meeting of the process. At its January
2008 meeting, the Board made the preliminary determination that the natural environment of
Trout Creek could be preserved to a reasonable degree with the proposed injury if Charles
Nearburg provides the proposed mitigation. This proposal involves five structures that will be
part of an extensive stream restoration and fishery habitat improvement project in and along a
reach of Trout Creek located within the boundaries of Charles Nearburg's Trout Creek Ranch
property. The proposal would allow some injury to approximately 2,700 feet of the Trout Creek
ISF water right, but it appears that the stream restoration and habitat improvement work
accomplished by Mr. Nearburg on Trout Creek provides the mitigation necessary to enable the
CWCB to continue to preserve the natural environment to a reasonable degree on Trout Creek, in
spite of any injury that could otherwise result from diversions and evaporative depletions by
these five new structures.
Water Supply Protection • Watershed Protection & Fluud blitigatiun • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate water Management & Development