19 ‎(5)‎

• Board Meeting Date: 11/18/2008
• Description: ISF Section - Request for Authorization to Proceed to Trial - Case No. 6-06CW052; Application of D & S Development Group, LLC
• Board Meetings - Doc Type: Memo

Colorado Water Conservation Board -, ,
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Denver, Colorado 80203 ~ ; ~'i~ ._-~ ~ ICI
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Bill Ritter, Jr.
MEMORANDUM Governor
Harris D. Sherman
T~: COIOradO Water COnSerVatlOn BOard MenlberS DNR Executive Director
v
~~ Jennifer L. Gimbel
FROM: Linda Bassi and Ka lea White ~~~~~~ ~~~~ CwcB Director
Y
Stream and Lake Protection Section Dan M~auh~e
CWCB Deputy Director
DATE: November 7, 2008
RE: Agenda No.19, November 18-19, 2008 Board Meeting, -Request for
Authorization to Proceed to Trial - Case No. 6-06CW052, Application of D &
S Development Group, LLC.
This case is set for atwo-day trial beginning on January 20, 2009. 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 ground water rights, storage water rights and approval of a plan for
augmentation in Routt County northwest of Steamboat Springs. Applicant seeks the following:
1. Ground water rights for the wells within Douglas Well Field for a cumulative diversion rate
not to exceed 100 gpm, conditional, for domestic, commercial, irrigation, stock watering and
equestrian use, piscatorial, decorative water features, aesthetic, wildlife, fire protection,
construction, augmentation and exchange, and all other beneficial uses associated with a
development on the property.
2. Storage water right for Douglas Pond Nos. 1-3 for 6 AF, each, for irrigation, stock watering
and equestrian use, piscatorial, aesthetic, wildlife, fire protection, construction,
augmentation and exchange. The sources to fill the Ponds are Fly Gulch, an unnamed
drainage, and the wells.
3. The claimed appropriation date for the Well Field and Ponds is July 28, 2006.
4. Approval of a plan for augmentation to replace out of priority depletions resulting from
surface and ground water diversions. The source of augmentation water is releases from
Douglas Pond Nos. l -3 .
Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water Management & Development