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Consent Agenda Item l .a Case No.1-08CW163: Application of City of Boulder Application Summary This is an application for approval of a plan for augmentation and appropriative rights of substitution and exchange in and near Boulder. The Applicant owns Arapahoe Pit, a gravel pit which exposes the ground water tributary to Boulder Creek. By this application, Applicant seeks to replace the out-of priority depletions resulting from ground water exposure using in part the fully consumable water available to Applicant after first use for instream flow purposes by the Colorado Water Conservation Board (CWCB). This water is associated with certain water rights previously donated to the CWCB by Applicant to the CWCB. Per the decrees of the donated water rights, the Applicant may use the consumptive use portion of the donated rights downstream of the Boulder Creek ISF reach, which ends near the Boulder wastewater treatment plant outfall. Other sources of augmentation include water available through Boulder wastewater treatment plant and Applicant's interest in the Windy Gap Project. The Windy Gap water is delivered through the Boulder Creek Supply Canal. Additionally, the Applicant seeks appropriative rights of substitution and exchange. The substitution and exchange reaches are from the Boulder wastewater treatment plant outfall and the Boulder Creek Supply Canal outlet upstream to the point where ground water interception from the alluvium of Boulder Creek impacts the flow of water in Boulder Creek. The claimed date of appropriation of the substitution and exchange is May 23, 2008. CWCB Appropriation The CWCB holds the following instream flow water rights that could be injured by this application: CWCB Case No. Stream/Lake Amount cfs Approp. Date Watershed County 74CW7636 Boulder Creek 15 lOl1/1973 St. Vrain Creek Boulder Potential for Injury The Applicant's proposed augmentation and exchange may injure the Board's instream flow water rights on Boulder Creek by not replacing out-of priority depletions in time, place and amount. Other Objectors Statements of Opposition were also filed by Central Colorado Water Conservancy District and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District and the Well Augmentation Subdistrict of the Central Colorado Water Conservancy District, Lower South Platte Water Conservancy District, Water Users Association of District No. 6, Platte Valley Irrigation Company, The Farmers Reservoir and Irrigation Company (FRICO), City of Lafayette, Logan Well Users, Inc., and Eldora Enterprises LLC .