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

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MEMORANDUM
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T0: Linda J. Bassi, Chief
Stream and Lake Protection Section, Colorado Water Conservation Board
FROM: Robert M. Weaver
AMEC Earth & Environmental, Inc.
SUBJECT: Mitigation Proposal for Two Elk Creek near Vail, Case No. 07CW210
Vail Associates, Inc. and the U.S. Forest Service
DATE: April 29, 2008
CC: Glenn E. Porzak, Porzak Browning & Bushong LLP
Thomas Allender, Vail Associates, Inc.
Introduction
Vail Associates (VA) seeks to install an alluvial groundwater well near Two Elk Creek for
purposes of snowmaking around the base areas of Chairs 36 (Tea Cup Express Lift) and
37 (Skyline Express Lift) at the Vail Ski Area (Figure 1 attached). The proposed Tea
Cup Bowl Well would produce up to 18 inches of artificial snow coverage over an area of
about 1.0 acre, using up to 1 acre-foot of water per snowmaking season. Development
of the proposed snowmaking well requires a water right and a court approved plan for
augmentation to replace out of priority depletions. VA filed an Application for Water
Rights and Approval of Plan for Augmentation and Exchange on November 30, 2007
(Case No. 07CW210, Water Division 5).
The Colorado Water Conservation Board (CWCB) ("Board") filed a statement of
opposition to the application based upon concern that the proposed well and water right
could adversely affect its instream flow right (ISF) on Two Elk Creek. The Board's
adjudicated ISF water right on Two Elk Creek (Case No. 5-78W3797, Water Division 5)
is for 4.0 cubic feet per second (cfs) from January 1st through December 31st with an
appropriation date of May 12, 1978.
Pursuant to Rule 8.i.(3) of the Rules Concerning the Colorado Instream Flow and
Natural Lake Level Program, the CWCB is able to accept any claimed injury provided
that mitigation measures offered by the applicant would enable the Board's water right to
continue to preserve or improve the natural environment to a reasonable degree. This
mitigation proposal for Two Elk Creek was developed in consultation with the U.S.
Forest Service, CWCB staff and the Colorado Division of Wildlife and follows the
recommendations of the Instream Flow Subcommittee on implementation of ISF Rule
8.1(3) -Injury with Mitigation (CWCB 2006). AMEC Earth and Environmental has been
retained by VA to provide engineering and environmental consulting services in
conjunction with the development of this proposal.
EXHIBIT 1
AMEC Earth and Environmental, Inc.