14d ‎(2)‎

• Board Meeting Date: 7/22/2008
• Description: Directors' Reports - CWCB Director
• Board Meetings - Doc Type: Memo

B. The stipulation covering injury with mitigation includes the following terms and conditions in
addition to the terms and conditions imposed in the stipulation described above:
- The Trout Creek Structures will be constructed as off channel ponds, together with
associated open channels, fill ditches and return facilities to Trout Creek. These Structures
will be constructed specifically to improve the Trout Creek fishery by providing additional
depth and winter holding capacity for fish. Water will be diverted from Trout Creek into the
Structures, and returned to the main stem of Trout Creek. With the exception of a small
amount of evaporation and secondary evapotranspiration losses, the Trout Creek Structures
are essentially non-consumptive with nearly all of the diverted water returning to the stream.
- The length of the Trout Creek Structures, from point of diversion to the point of return to
Trout Creek, varies from 300 to 1200 feet, and diversions into the Trout Creek Structures will
cumulatively affect approximately 2700 feet of the Trout Creek ISF reach. Thus, the ratio of
restored channel to affected ISF reach is greater than 3:1.
- In consideration of the substantial habitat improvement that Nearburg has made to Trout
Creek throughout the Trout Creek Ranch, and pursuant to Rule 8.i.(3) of the Rules
Concerning the Colorado Instream Flow and Natural Lake Level Program, Nearburg and the
CWCB agree as follows with respect to diversions for the Trout Creek Structures (from May
1 st to October 15th of each year):
When the total native flow in
Trout Creek at the gage is
greater than or equal to (cfs): Then surface diversions into the
Trout Creek Structures (in series)
shall not exceed (cfs):
26 1
25.9 0.9
25.8 0.8
25.7 0.7
25.6 0.6
15.5 - 25.5 0.5
15.4 0.4
15.3 0.3
15.2 0.2
15.1 0.1
15 No Diversion
No diversions to the Trout Creek Structures shall be made from October 16th to Apri13 0th
Nearburg's improvements to Trout Creek described in paragraph 5, above, and paragraph 8,
below, will enable the CWCB to continue to preserve the natural environment to a reasonable
degree despite injury to the Trout Creek ISF resulting from above diversions by the Trout
Creek Structures.
- The Trout Creek Fishery Channel No. 1 is located above the reach of improvements to
Trout Creek described in paragraph 4, above. Therefore, Nearburg agrees that no diversions
to the Trout Creek Fishery Channel No. 1 shall occur until Nearburg has constructed a
minimum of three (3) additional pool habitat structures on Trout Creek, the upper-most such
structure to be located within 200 feet of the point of diversion for the Trout Creek Fishery
4