14d ‎(2)‎

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

Channel No. 1, and the remaining structures to be constructed above the point of return to
Trout Creek for the Trout Creek Fishery Channel No. 1. Such structures shall be similar to
those constructed for the improvements described in paragraph 4 of the Stipulation Regarding
Injury With Mitigation and shall generally be designed to consolidate the braided channels
into a single thread, decrease the bankfull channel width/depth ratio, stabilize the banks, and
include boulder structures for stabilization and pool creation.
- Injury to the ISF, if any, from evaporation losses and secondary evapotranspiration
associated with Nearburg's diversion of water into the Trout Creek Structures, including any
interception of ground water tributary to Trout Creek, in accordance with the limitations of
this Stipulation is mitigated by the terms of the Stipulation.
- Nearburg agrees to undertake its best efforts to maintain the Stream Habitat Improvement
Structures. The CWCB and/or the Division of Wildlife (DOW) shall have the right, once
every two (2) years and following major flood events, to enter onto the Trout Creek Ranch
premises at their sole risk and expense for the purpose of inspecting the Stream Habitat
Improvement Structures. Such inspections must be scheduled with the Trout Creek Ranch
manager at least ten (l o) days in advance and be reasonably conducted so as not to interfere
with the use and enjoyment of the Trout Creek Ranch by Nearburg and his guests. In the
event that Nearburg fails to maintain in serviceable working condition at least 80% of the
Stream Habitat Improvement Structures and the quality of the habitat is substantially
impaired as a result, the CWCB shall provide to Nearburg and/or the Trout Creek Ranch
Manager written notice of the existence of the impaired habitat. Nearburg shall have 3 0 days
after receipt of such notice to initiate necessary permits, and 90 days thereafter during the
construction period from May 1 to October 15 to make repairs and/or to replace such non-
serviceable Stream Habitat Improvement Structures; however such 90 day time period shall
be tolled from October 16 to April 30 of each year. Unless otherwise agreed to by the CWCB
in writing, which agreement shall not be unreasonably withheld if such repairs and/or
replacement is proceeding diligently, after the 90 day time period has run, if the Stream
Habitat Improvement Structures and the quality of the habitat remain substantially impaired,
Nearburg shall not divert water in any amount that would reduce the flows in the Trout Creek
ISF reach to less than the full ISF amount until such time as the Stream Habitat Improvement
Structures have been repaired and the quality of the habitat is no longer substantially
impaired. The current Trout Creek Ranch manager is David Marlin, telephone 719-658-
2291, mailing address W Hwy 149, Creede, CO 81130. Nearburg shall notify the
Director of the CWCB of changes in this contact information within 30 days of a change in
such information.
- Nearburg agrees to confer with the DOW concerning best management practices for the
Trout Creek Structures and Broadacres Structures to prevent the onset of whirling disease and
to take reasonable actions to implement the DOW's recommendations to prevent the spread
of whirling disease.
(2) Case No 5-02C~V375 Application of Middle Park Water Conservancy District
The Board ratified this statement of opposition at its March 2003 meeting. The Board's main
objective in filing the statement of opposition in this case was to ensure that the Applicant's proposed
plan of augmentation does not injure the Board's instream flow water rights on the Colorado River,
Blue River, Fraser River and Tenmile Creek and the tributaries thereto. 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.