18 ‎(5)‎

• Board Meeting Date: 11/18/2008
• Description: ISF Section - Request for Authorization to Proceed to Trial - Case No. 7-06CW102; Application of durango Commercial Development, LLC
• Board Meetings - Doc Type: Memo

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MEMORANDUM Bill Ritter, Jr.
Governor
Harris D. Sherman
TO: COlorad0 Water COnservatl0n BOard Members DNR Executive Director
sa Jennifer L. Gimbel
FROM: Linda Bassi and Ka lea White ~~~~ ~~~~
Y CwcB Director
Stream and Lake Protection Section Dan M~auh~e
CWCB Deputy Director
DATE: November 7, 2008
RE: Agenda No.18, November 18-19, 2008 Board Meeting, -Request for
Authorization to Proceed to Trial - Case No. 7-06CW102, Application of
Durango Commercial Development, LLC.
This case is set for atwo-day trial beginning on December 3, 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 change of water rights, surface water rights, ground water rights, and a
plan for augmentation in La Plata County between the Town of Florida and Durango-La Plata
County Airport. Applicant seeks to:
1. Change its interest of 1 cfs out of 2.5 cfs in the Tyner East Side Ditch; 0.5625 cfs out of 0.75
cfs in the Tyner West Side Ditch; and 1 cfs out of 1 cfs of the Dashner# 1 Ditch.
a. The proposed change includes, in addition to historic uses of irrigation & stock
watering, several new uses including commercial, industrial, domestic, and
augmentation.
b. These water rights will be diverted from the Florida River through the existing
points of diversions and/or through 10 alternate points of diversion, including up to 5
surface diversions and up to 5 wells.
2. Adjudicate new surface water rights for DCD POD# 1-5.
3. Adjudicate ground water rights for DCD Wells 1-5.
4. Obtain approval of a plan for augmentation to replace out-of priority depletions through dry
up credits, forego diversions of a portion of its water rights and releases from the DCD
storage facilities.
Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water Management & Development