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• Board Meeting Date: 7/21/2010
• Description: Stream & Lake Protection Section - Case Nos. 6-07CW061 and 6-07CW072: Applications of Upper Yampa Water Conservancy District
• Board Meetings - Doc Type: Memo

requires all parties to brief the issues by July 20, 2010 for the Board's consideration at the July, 2010
meeting.
Case Background
A seven -day trial had been set for the 07CW062 & 07CW071 consolidated cases to begin on October 7, 2009,
for which the Board had granted Staff an authorization to proceed. Before proceeding to trial the CWCB Staff
in cooperation with the Attorney General's Office were able to negotiate a settlement with the Applicant. The
settlement concept was discussed with the Board during executive session at the regular Board meeting on May 19,
2009. In that settlement, because the Morrison Creek Reservoir storage right decreed in these cases may inundate a
portion of CWCB's instream flow water right on Silver Creek, decreed in Case No. 77CW 1328, and because the
reservoir plans were not finalized to a point at which the extent of inundation was known, the inundation issue was
postponed. The 07CW061 decree and stipulation state:
The CWCB holds an instream flow water right decreed, in Case No. 77W 1328, District Court,
Water Division 6, on Silver Creek, which extends upstream from the confluence with Morrison
Creek and Silver Creek. Storage in the Morrison Creek Reservoir may inundate a portion of the
CWCB's instream flow right as it relates to the proposed Morrison Creek Reservoir is not
known at this time. During the permitting process and prior to commencing construction of the
Morrison Creek Reservoir that would inundate any existing CWCB instream flow right on
Silver Creek decreed in Case No. 77W1328, the District shall request and obtain approval from
the CWCB for such storage pursuant to the provisions of 2 CCR 408 -2, Section 7, or any
successor regulation regarding inundation then in effect. The District shall provide the Court
and Division Engineer, Water Division 6, with a copy of any resolution, order, or other relevant
proof, authorizing the inundation of the CWCB's instream flow right. Inundation shall not be
allowed absent such approval and notice to the Court and Division Engineer, so long as the
CWCB instream flow right decreed in Case No. 77W1328 remains in effect.
The Board holds the following instream flow water rights that could have been injured by the applications:
CWCB Case
No.
Stream/Lake
Amount
(cfs)
Approp.
Date
Watershed
County
6 -77W 1328
Silver Creek
5
9/23/1977
Upper Yampa
Routt
6- OICW106
Yampa River
72.5/47.5
7/24/2001
Upper Yampa
Routt
In its Morrison Creek ISF appropriation prehearing statement submitted on July 9, 2010, UYWCD
requested CWCB to consider its request to inundate in Case No. 07CW61 in conjunction with the ISF
appropriation hearing. Today, the Board is being asked: (1) whether the Board may hear the request to
inundate in conjunction with the Morrison Creek ISF appropriation hearing; and (2) whether the Board
should consider the request to inundate at this time given its ISF Rules and its previous stipulation in
07CW61.
Staff Recommendation
Staff recommends that the Board consider the parties' briefs and rule on the issues.
Attachments:
Prehearing Brief on Inundation Request
Request to Inundate a Portion of Silver Creek
Additional Supplementary Background Materials
Map
Prehearing order
Stipulation in 07CW62 & 07CW71 (consolidated)
Decree in 07CW62
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