24 ‎(3)‎

• Board Meeting Date: 5/21/2008
• Description: ISF Section - Injury with Mitigation - Case No. 5-07CW210; Application of Vail Associates, Inc. and the U.S. Forest Service
• 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]
www.cwcb.state.co.us
T0: Colorado Water Conservation Board Members
FROM: Linda J. Bassi, Chief
Stream and Lake Protection Section
DATE: May 12, 2008
SUBJECT:
Bill Ritter, Jr.
Governor
Harris D. Sherman
DNR Executive Director
Jennifer L. Gimbel
CWCB Director
Dan McAuliffe
CWCB Deputy Director
Agenda Item 24, May 20-21, 2008 Board Meeting
Stream and Lake Protection---Injury with Mitigation---Case No. 5-
07CVV210; Application of Vail Associates, Inc. and the U.S. Forest Service
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 two meeting process. This is the first meeting of the process. This proposal is
to mitigate impacts of one alluvial well used for snow-making purposes. The mitigation involves
operational limitations on well pumping as well as the installation of three structures in the
stream channel that will be designed to improve the hydraulic conditions of the stream for fish
habitat during periods of low stream flows in Two Elk Creek. The proposal would allow some
injury to the Two Elk Creek instream flow ("ISF") water right, but it appears that the operational
limitations and habitat improvement work proposed by Vail Associates on Two Elk Creek will
provide the mitigation necessary to enable the CWCB to continue to preserve the natural
environment to a reasonable degree on Two Elk Creek, in spite of any injury that could
otherwise result from diversions by the alluvial well. Vail Associates' formal request to the
Board for approval of this proposal is attached to this memo as Exhibit 1.
Staff Recommendation
Prior to this agenda item, the Board will have discussed legal and policy issues related to injury
with mitigation case resolutions, including whether Board approval of any such proposals should
be postponed until certain issues have been resolved. If the Board decides not to postpone such
approvals, Staff recommends that the Board:
1) Make a preliminary determination that the natural environment of Two Elk Creek could be
preserved to a reasonable degree with the proposed injury if Vail Associates provides the
proposed mitigation.
2) Provide comments to Staff on the proposal and identify any issues that the Applicant and
Staff should address before bringing the proposal to the Board for final approval.
Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water Management & Development