11d ‎(2)‎

• Board Meeting Date: 11/18/2008
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Instream Flow and Natural Lake Level Program
Summary of Resolved Cases
Attachment lld-03
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. 5-03CW324 Application of Morningstar Owners Association
(Consolidated Case Nos. 5-02CW389 and 5-03CW324)
The Board ratified this statement of opposition at its March 2004 meeting. The Board's main objective in
filing the statement of opposition in this case was to ensure that the Applicant's proposed augmentation plan
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 County
5-76W2949 Roaring Fork River 15 01/14/76 Roaring Fork River Pitkin
5-76W2948 Roaring Fork River 32 01/14/76 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 augmentation schedule shown in Table 11 (Exhibit N) of the decree assumes that a call has
been made in the upper Roaring Fork River above its confluence with the Fryingpan River. Once
a call has been placed, releases will be made from Wildwood Pond and/or McFarlane Pond to
offset the Black Diamond Well domestic depletions and irrigations consumptive use
requirements.
- Diversions into the ponds will be curtailed and the water levels in all of the Ponds will reduce as
necessary to offset their individual evaporative losses.
- The augmentation schedule shown in Table 11 (Exhibit N) of the decree assumes that the
irrigation system will be curtailed over the July 15th through the September 30th period. Should a
call extend over a longer period or if the augmentation storage available in the Vulcan Pond
System is depleted, the Preserve will curtail irrigation use.
- Sufficient storage will always be available to augment the domestic use of the Black Diamond
residence and the Meadow Pond and McFarlane Pond evaporation.