14d

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

- The Applicant is granted a conditional appropriative right of substitution and exchange
for the RIC Exchange in the amount of 13.58 a.f. (excluding transit losses) at a rate of
1.33 c.f.s. The conditional right of substitution and exchange's appropriation date is
October 4, 2004.
- The Applicant shall install measuring devices, provide accounting, and supply
calculations regarding the timing of depletions as required by the Division Engineer.
(2) Case No. 5-05Cw190 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
plan for augmentation 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 145/75 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:
The Applicant will only operate the RIC Exchange when it is in-priority.
- When a call originating from a water right at or above the confluence of the Roaring Fork
River and Frying Pan Rivers would otherwise prevent Applicant from diverting water for
irrigation, the Applicant will curtail river diversions. The Applicant may continue to
withdraw ground water from Pine Lake only and will release water from the RIC Pond
directly into Pine Lake to augment irrigation depletions from Pine Lake. A115.7 acre-feet
of active storage decreed to the RIC Pond in Case No. OSCwl89 will be available to
replace the irrigation depletions from Pine Lake. If the Applicant uses the entire
augmentation volume stored in RIC Pond and a call on this reach of the Roaring Fork
River remains in effect, then the Applicant will curtail water use for irrigation purposes
pursuant to this plan for augmentation.
- The Applicant expects to operate its irrigation pump station at Pine Lake at flow rates
greater than the Division Engineer's estimate of the duty of water for the irrigated
acreage, i.e., 1 c.f.s. per 40 acres. This is because the Applicant's expected irrigation
schedule diverts from Pine Lake (either directly from Pine Lake well or rediversion of
water pumped to Pine Lake from the RIC Pump and Pipeline and the RIC Pump and
Pipeline No. 2) at higher rates for between 10 minutes and 8 hours a day rather than at
lower rates for extended periods. The cumulative effects of numerous water users
implementing similar irrigation practices may result in short-term swings in streamflow
rates to its out-of priority stream depletions. If the Division Engineer determines that the
irrigation schedule results in fluctuations in out-of priority stream depletions not fully
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