14d

• Board Meeting Date: 9/17/2008
• Description: Director's Report - CWCB Director
• Board Meetings - Doc Type: Memo

Instream Flow and Natural Lake Level Program
Summary of Resolved Cases
For Board Meeting in September 2008
The Board's ISF Rule 8i. states that:
"In the event the pretrial resolution includes terms and conditions preventing injury or
interference and does not involve a modification, or acceptance of injury or interference with
mitigation, the Board is not required to review and ratify the pretrial resolution. Staff may
authorize its counsel to sign any court documents necessary to finalize this type of pretrial
resolution without Board ratification."
Staff has resolved issues of potential injury in the following water court cases and authorized the
Attorney General's Office to enter into stipulations that protect the CWCB's water right:
(1) Case No. 5-05CW189 Application of Roll International Corp., Inc.
The Board ratified this statement of opposition at its January 2006 meeting. The Board's main
objective in filing the statement of opposition in this case was to ensure that the Applicant's proposed
change of water right and proposed appropriative right of substitution and exchange does not injure
the Board's Instream flow water rights on the Roaring Fork River. Staff, in cooperation with the
Attorney General's Office, has negotiated a settlement to ensure that the CWCB's Instream flow
water rights will not be injured.
The Board holds the following Instream flow water rights that could have been injured by this
application:
CWCB
Case No. Stream/Lake Amount
cfs Approp.
Date Watershed Coun
~
5-76W2948 Roaring Fork River 32 1/14/76 Roaring Fork River Pitkin
5-85CW646 Roaring Fork River 55/30 11/08/85 Roaring Fork River Pitkin
5-85CW639 Roaring Fork River 145175 11/08/85 Roaring Fork River Pitkin
The CWCB and the Applicant have agreed to the entry of a decree that will prevent injury to the
Board's ISF water rights on the Roaring Fork River. The Applicant has agreed to the following
terms and conditions:
All exchanges shall only operate in priority.
- The Applicant shall replace transit losses as calculated by the Division Engineer when
operating the RIC Exchange. RIC Exchange shall not exceed the available in-priority
exchange potential within the exchange reach, or 1.33 cfs (up to an annual total of 13.58
acre-feet) whichever is less, and all diversions from Pine Lake, the RIC Pump and
Pipeline or the RIC Pump and Pipeline No. 2 as part of the RIC Exchange must be
limited in rate and volume to the lesser of 1.33 cfs (up to a total of 13.58 acre-feet) or to
the Roaring Fork River's exchange potential from its confluence with the Frying Pan
River upstream to the upper exchange terminus for exchanges from Ruedi Reservoir and
from its confluence with the Colorado River for exchanges from Green Mountain
Reservoir.
- The Applicant shall limit its diversion under the RIC Pump and Pipeline water right at the
alternate point of diversion to the lesser of 0.65 cfs or the amount of water physically and
legally at the original point of diversion.
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