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• Board Meeting Date: 9/16/2008
• Description: ISF Section - Request for Authorization to Proceed to Trial - Case No. 6-06CW49; Applicaton of the Upper Yampa Water Conservancy District
• 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

MEMORANDUM Bill Ritter, Jr.
Governor
Harris D. Sherman
T~: COlorad0 Water COnSerVatlOn Board Members DNR Executive Director
Jennifer L. Gimbel
FROM: Linda Bassi and Kaylea White cwcB Director
Stream and Lake Protection Section Dan McAuliffe
CWCB Deputy Director
DATE: September 4, 2008
RE: Agenda No.12, September 16-17, 2008 Board Meeting, - Request for
Authorization to Proceed to Trial -Case No. 6--06CW49, Application of the
Upper Yampa Water Conservancy District
This case is set for aten-day trial beginning on October 27, 2008. The parties are discussing
settlement options and preparing for trial on a parallel track. Staff and the Attorney General's
Office intend to discuss litigation strategy and settlement options with the Board in executive
session, and will request authorization to proceed to trial in the event the parties are unable to
settle the case.
Background
In this case, the Applicant seeks approval of an umbrella plan for augmentation and exchange to
replace out-of priority depletions from various structures located within the boundaries of the
Upper Yampa Water Conservancy District (UYWCD) in Routt and Moffat Counties. The
Applicant has divided the district area into discrete zones for this project. See attached map.
The purpose of the Plan for Augmentation is to establish a framework within which new water users
can be included into a decreed augmentation plan. UYWCD will replace its out-of priority
depletions with the District's senior water rights that include Yamcolo Reservoir, Stagecoach
Reservoir, and Mad Creek. The total maximum amount of augmentation water involved in and
committed by the UYWCD to this Plan is 2,000 AF. The total exchange necessary to support the
Plan for Augmentation is 7.6 cfs.
The Board holds a number of instream flow water rights within the boundaries of the UYWCD
that could be injured by the Applicant's proposed operation of its Plan for Augmentation and
exchange.
Staff and the Attorney General's Office have proposed terms and conditions for inclusion in
Applicant's decree that would protect the Board's instream flow water rights. At this time, it
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