17 ‎(7)‎

• Board Meeting Date: 11/18/2008
• Description: ISF Section - Request for Authorization to Proceed to Trial - Cae No. 1-07CW123; Application of Colorado Mountain Properties, Inc., et al
• Board Meetings - Doc Type: Memo

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MEMORANDUM Bill Ritter, Jr.
Governor
Harris D. Sherman
T~: COIOradO Water COnSerVatlOn BOard MenlberS DNR Executive Director
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°~~ ~~_ ~~~ Jennifer L. Gimbel
CwcB Di
t
FROM: Linda Bassi and Ka lea White
Y rec
or
Stream and Lake Protection Section Dan M~auh~e
CWCB Deputy Director
DATE: November 7, 2008
RE: Agenda No.17, November 18-19, 2008 Board Meeting, -Request for
Authorization to Proceed to Trial - Case No.1-0 7CW123, Application of
Colorado Mountain Properties, Inc., et al.
This case is set for afour-day trial beginning on December 15, 2008. The parties are discussing
settlement options and preparing for trial on a parallel track. Staff and the Attorney General's
Office intend to discuss litigation strategy and settlement options with the Board in executive
session, and will request authorization to proceed to trial in the event the parties are unable to
settle the case.
Background
This is an application for alluvial water rights and approval of a plan for augmentation and
exchange near Evergreen in Jefferson County. Applicants seek the following:
1. Ground water right for two infiltration galleries (15 gpm each) and surface water right for
a ditch (30 gpm) to be used as sources of water supply for a residential development of
approximately 100 single family homes.
2. Approval of a plan for augmentation and appropriative right of exchange for MMRC
water rights. Applicants propose to divert up to 16.8 acre-feet per year. It is claimed that
ninety percent (90%) of the water used for domestic household purposes will be returned
to the stream system through anon-evaporative septic system, or in the alternative will be
returned through a centralized waste water treatment plant.
3. Right to eXChange water from the confluence of Bear Creek and Turkey Creek to the
confluence of Bear Creek and Cub Creek, thence up Cub Creek to the points of depletion.
The claimed date of appropriation is May 3 1, 2007 for the amount of 0.3 cfs, conditional.
Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water Management & Development