20 ‎(6)‎

• Board Meeting Date: 11/18/2008
• Description: ISF Section - Request for Ratification of Motion to Intervene and Request for Authorization to Proceed to Trial - Case No. 6-03CW53; Application of the Upper Yampa Water Conservancy District
• Board Meetings - Doc Type: Memo

Colorado Water Conservation Board ~-,
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Department of Natural Resources ' ~~~~~~~ ,;y
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1313 Sherman Street Room 721 ~ ~~ ~ ~~ ~~~' ~~`~ '~~'~
Denver, Colorado 80203 • , ~' ~~ '~' ~ ; ~ ~ ,;~
Phone: [phone] ~ ~ ~` ~~ ~ ~~~~''`.~~~
Fax: [phone] `~ ~ _~ ~ ~ ~,,~`
www.cwcb.state.co.us -~-,~-"
Bill Ritter, Jr.
MEMORANDUM Governor
Harris D. Sherman
T~: COIOradO Water COnSerVatlOn BOard Members DNR Executive Director
„r,
Jennifer L. Gimbel
FROM: Linda Bassl and Kaylea White ~ ~~`~~ cwcB Director
Stream and Lake Protection Section Dan M~auh~e
CWCB Deputy Director
DATE: November 7, 2008
RE: Agenda No. 20, November 18-19, 2008 Board Meeting, -Request for
Ratification of Motion to Intervene and Request for Authorization to
Proceed to Trial - Case No. 6-03CW53, Application of the Upper Yampa
Water Conservancy District
This case is set for athree-day trial beginning on January 28, 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 a conditional surface water right near Stagecoach Reservoir in Rout
County. Applicant seeks to adjudicate a 50 cfs conditional water right for various uses with an
April 3, 2003 appropriation date. Applicant originally intended to store the diverted water in
Stagecoach Reservoir to firm up the existing yield of Stagecoach Reservoir or to fill an expansion of
Stagecoach Reservoir. Applicant also sought to potentially exchange this water to Yamcolo
Reservoir for irrigation and stock watering uses. However, as a result of a recent order in this case,
the Applicant has remodeled its plan. Rather than storing the water transported from Morrison
Creek in Stagecoach Reservoir as originally intended, the water will immediately be bypassed to
produce hydropower and to meet the minimum flow release obligations required through
Applicant's EIS and FERC permit. Although this diversion would be junior to the CWCB's
instream flow right on the Yampa River between the confluence of Morrison Creek and
Catamount Reservoir, the Applicant's plan for operation of the water right to meet bypass flow
requirements in Stagecoach Reservoir may injure that right.
Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water Management & Development