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• 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

skiing and lift access throughout the ski season. Without skier access to the Skyline Express and
Tea Cup Express Lifts, the entire Blue Sky Basin and Lower Tea Cup Bowl areas must be closed
to skiing.
Vail Associates, in consultation with the USFS, has explored the following alternatives to the
injury with mitigation proposal described herein:
i. Extension of a pipeline from the existing snowmaking water distribution system, which
utilizes water diverted from Gore Creek above the confluence of Red Sandstone Creek
and from the Eagle River at the mouth of Gore Creek. This option would require the
installation of about 14,000 linear feet of air and water pipelines buried to a depth of 7
feet to prevent freezing, which would result in a disturbance of about 10 acres of land on
relatively steep slopes. Due to the high cost and issues associated with permitting and
environmental concerns, this alternative was found not feasible.
11. Installation of a surface water diversion on Two Elk Creek with (or without) a water
storage tank. Under this option, water would be diverted from the creek directly to the
snowmaking system or pumped into a storage tank, which would serve to buffer the
impact of the snowmaking diversions on Two Elk Creek. Construction of a diversion
structure on Two Elk Creek at the base of the Tea Cup Bowl would result in impacts to
undisturbed wetlands and riparian areas that provide important aquatic and wildlife
habitat. In addition, a surface water diversion would be difficult to operate and maintain
due to the extreme weather conditions that occur in this area. Due to concerns about
reliability, operational and maintenance requirements, and potential environmental
impacts, this alternative was found not feasible.
Colorado Division of Wildlife Evaluation of Proposal
CWCB and Colorado Division of Wildlife ("CDOW") staff members have met with Vail
Associates' representatives to discuss this proposal. The CDOW staff's analysis and
recommendation will be provided at the Board meeting
Terms and Conditions
Staff, the Attorney General's Office and Vail Associates have discussed proposed terms and
conditions related to the injury with mitigation proposal. Some terms and conditions are yet to
be negotiated, but injury with mitigation terms and conditions in the final decree should include
the following:
1. Well Operations. Vail Associates will only pump the well in 10-hour increments,
allowing 14 hours for recovery each day. A maximum of 1 acre-foot will be pumped from the
well each year, which will be limited to a period between November 1 and December 31.
2. Maintenance. CWCB will request Vail Associates to commit to maintain the structures
and improvements in Two Elk Creek that provide the mitigation benefits, and acknowledge that
any injurious diversions to the new structures would cease in the event the mitigation structures
and improvements in Two Elk Creek are not maintained.
3. Inspection access. Vail Associates will allow access for CWCB and CDOW staff to
inspect the mitigation structures, subj ect to reasonable limits and provisions for advance notice.
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