15d_Directors Report

• Board Meeting Date: 7/21/2009
• Description: Directors' Report - CWCB Director
• Board Meetings - Doc Type: Memo

INSTREAM FLOW AND NA TURAL LAKE LEVEL PRO GRAM
SUMMARY OF RESOLVED CASES
ATTACHMENT 15D - 03 JULY 2009
The Board’s ISF Rule 8i. states:
“In the event the pretrial resolution includes terms and conditions preventing
injury or interference and does not involve a modification, or acceptance of
injury or interference with mitigation, the Board is not required to review and
ratify the pretrial resolution. Staff may authorize its counsel to sign any court
documents necessary to finalize this type of pretria l resolution without Board
ratification.”
Staff has resolved issues of potential injury in the following water court cases and authorized the Attorney
General's Office to enter into stipulations that protect the CWCB’s water right:
(1) Case No. 4 - 06CW251; Ca mp Id - Ra - Ha - Je West Association a/k/a Camp West
The Board ratified this statement of opposition at its March 2007 meeting. The Board's main objective in
filing the statement of opposition in this case was to ensure that (1) the Applicant is held to stri ct proof of the
appropriation dates claimed in the application; and (2) the Applicant’s proposed plan for augmentation does
not injure the Board’s instream flow water rights on the North Fork Gunnison River and the Anthracite Creek
by not replacing out - of - priority depletions in time, place and amount . Staff, in cooperation with the Attorney
General’s Office, has negotiated a settlement to ensure that the CWCB’s instream flow water rights will not
be injured.
The Board holds the following instream flow wat er rights that could have been injured by this application:
CWCB Approp.
Stream/Lake Amount (cfs) Watershed County
Case No. Date
54/39/17 1/25/05 NF Gunnison River
4 - 06CW230 Anthracite Creek Gunnison
60 (03/01 - 11/30)
5/4/84 NF Gunnison River
4 - 84CW400 NF Gunnison River Gunnison
30 (12/01 - 02/29)
The CWCB and the Applicant have agreed to the entry of a decree that will prevent injury to the Board’s
ISF water rights on the Anthracite Creek and the North Fork Gunnison River . The Applicant has agreed to
the following terms and conditions:
- The parties acknowledge that some of Camp West’s claimed uses of water were in existence at
the time of the CWCB’s appropriation of its instream flow right on the North Fork Gunnison
River as decreed in Case No. 84CW 4 00. These pre - existing uses therefore fall under C.R.S. §
27 - 92 - 102(3)(b) and the North Fork Gunnison River instream flow right as decreed in Case No.
84CW400 is subject to those appropriations for the absolute uses and amoun ts set forth in
Paragraph 12 of the Conclusions of Law section of the D ecree.
- The Affidavit of Robert D. Smith, former Camp Director of Camp West, confirm s the historic
practices ( attached to the Decree ) . The CWCB’s execution of the Stipulation does not constitute
an agreement to subordinate any instream flow right, other than the North Fork Gunnison River
instream flow right as decreed in Case No. 84CW 4 00, to the historic practices claimed in the
Affidavit as existing uses of water under section C.R.S. 3 7 - 92 - 102(3)(b).
- T he Applicant shall install and maintain measuring devices (flow meters on Camp West Well
Nos. 1 and 2, and a Parshall flume, staff gauge and operable outlet works on Camp West Pond
1