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

Background
Applicant Vail Associates has requested water rights for a low capacity snowmaking well
tributary to Two Elk Creek which is tributary to the Eagle River. Vail Associates seeks approval
of a conditional water right, including approval of a plan for augmentation and appropriative
rights of exchange, to replace out-of priority depletions associated with diversions from Tea Cup
Bowl Well No. 1, up to a maximum of 1 acre-foot per year. The exchange reach is from the
confluence of Two Elk Creek and the Eagle River up to points of impact from the well on Two
Elk Creek.
The Board filed a statement of opposition to this application because, although the injury
qualifies as "de minimis," pursuant to ISF Rule 8(e), the Applicant requested assurance that
CWCB would not place a call for its ISF water right against the Applicant's water right, which
the CWCB cannot provide under ISF Rule 8(e). Based upon discussions and a site visit with the
Applicant prior to the filing of this application, the CWCB filed a statement of opposition and
became a party in this case with the intent of negotiating terms and conditions related to an
injury with mitigation proposal to include in a stipulation and final decree. The exercise of the
proposed rights could adversely impact the Board's instream flow ("ISF") water rights listed
below.
CWCB
Case No. Stream/Lake Amount
cfs Approp.
Date Watershed County
5-78W3797 Two Elk Creek 4 5/12/78 Eagle River Eagle
5-78W3788 Eagle River 25/11 5/12/78 Eagle River Eagle
5-78W3796 Eagle River 50/20 5/12/78 Eagle River Eagle
5-80CW134 Eagle River 85/35 3/17/80 Eagle River Eagle
5-80CW126 Eagle River 110/45 3/17/80 Eagle River Eagle
5-80CW124 Eagle River 130/50 3/17/80 Eagle River Eagle
(See map attached to this memo). This injury with mitigation proposal only addresses impacts to
the Two Elk Creek ISF water right. Depletions affecting the Eagle River will be augmented
under the Applicant's plan for augmentation with releases from Eagle Park Reservoir. CWCB
staff will negotiate separate terms and conditions to assure 100% protection of the CWCB's
Eagle River ISF water rights.
The Two Elk Creek ISF water right extends through the Vail Mountain Ski Resort in the White
River National Forrest, and diversions associated with the well claimed in Vail Associates'
application will occur within the ISF reach. Vail Associates has agreed to protect Two Elk
Creek by: (1) adjusting its pumping schedule so that impacts on streamflows in Two Elk Creek
will be minimized; and (2) installing three stream habitat improvement structures in Two Elk
Creek to create new pools, enhance existing pools, or deepen the channel so as to improve the
hydraulic conditions for fish habitat during periods of low flow.
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