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into afree-for-all, he believes Colorado needs additional laws to permit temporary water <br />transfers from agricultural to municipal uses. <br />i. Aaron Million's proposed Flaming Gorge Pumpback. This could benefit the Western Slope <br />since by delivering more water to the Front Range, and defer the Front Range's need to divert <br />additional water from the Western Slope. However, pumping 150,000-200,000 of from Flaming <br />Gorge annually could cause the Upper Basin states to fail to deliver 75 maf every 10 years. He <br />believes it could take up to 100 years to determine this. <br />14. Eagle Water and Sanitation Agreement with Denver. Rick Sackbauer of Vail Resorts, a <br />former board member of the Eagle River Water and Sanitation District, discussed the settlement <br />reached in Denver 2007 between the Eagle Water and Sanitation District (Eagle) and Denver. <br />a. Denver relinquished conditional water rights that it held above Minturn, Gihllan and Redcliff to <br />the Eagle River, and also conditional water rights it held in the Eagles Nest Wilderness Area east <br />of Vail. <br />b. Denver retained the rights to withdraw 200 cfs from the Eagle River in order to fill a proposed <br />joint-use reservoir near Wolcott That would also benefit the Western Slope. Denver also <br />retained the right to fill the Wolcott Reservoir with water from the Piney River, which enters the <br />Colorado just upstream of State Bridge. <br />The proposed Wolcott Reservoir would provide replacement water for, or augment, Denver's <br />plan to aiulually pump up to an additiona160,000 additional acre feet through the Roberts Tuiulel <br />from Dillon Reservoir to the South Platte. The proposed Wolcott Reservoir could hold up to <br />350,000 acre feet. But it would likely be developed at a smaller size. Releases from the Wolcott <br />Reservoir would augment water that Denver would pump back from Green Mountain Reservoir <br />to Dillon Reservoir. Wolcott would not be a new source of water to be pumped over the <br />Continental Divide from the Eagle River Basin. <br />d. Louis Meyer questioned why Eagle settled in light of the October 22, 2007, Colorado Supreme <br />Court decision in Pagos~a Water ajzd San~tatiorl Distr ict v. Trout Ur~lih~~ted, Case No. 06SA338 <br />(referenced below as Pcrgosa v. Tt~. li1 the case, the Colorado Supreme Court introduced new <br />tests in municipal water rights filings for reasonable planning periods, populations projections <br />and the available unappropriated water reasonably necessary to serve that population. If Eagle <br />County had won the trial, Denver could have lost all of its conditional water rights in the Eagle <br />River drainage. Chips Barry of Denver Water mentioned to Rick Sackbauer that he was very <br />concerned by Pagos~a v. TU; by settling, Denver avoided a court n~ling. CBRT member Chuck <br />Ogilby resigned from the Eagle Water and Sanitation District board because he disagreed with its <br />decision to settle the case with Denver. <br />15. Global Settlement Report by Mediator John Bickerman. Over the last 9 months, the <br />participants have identified what information is needed, and the range of alternatives. The Grand <br />County Stream Management Plan, which will be discussed at the April CBRT meeting, will <br />provide useful data to this end. The major issues being negotiated are how the Front Range can <br />come up with additional water to meet its continued growth, while the Western Slope seeks to <br />limit future interbasin transfers to the Eastern Slope. Louis Meyer mentioned that the Western <br />Slope and the public are not participating at these meetings, and Bickerman replied that the <br />groups are already large for effective negotiation. Bickerman reconu7lended that the alternatives <br />I:AInterbasin Compact Cominittee~Basin Roundtables\Colorado~Minutes~Ivlumtes Tan 200 CBRT fuial.doc 4 4~2, <br />