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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

D. Existing gage. If the existing Division of Water Resource's gage on Morrison
Creek at the reservoir site is inundated by the District's project, the District shall move
the gage to a location on Morrison Creek downstream of the reservoir for which the
Division of Water Resources or Colorado Water Conservation Board has obtained a legal
right to permanently place and maintain such gage. The relocated gage shall maintain its
current configuration with a satellite monitoring system.
E. Access. The District shall grant the CWCB reasonable access to any measuring
devices on Morrison Creek or Morrison Creek Reservoir that are installed by the District
and come within the District's possession or control.
F. Inundation.
(1) The CWCB holds an instream flow water right ("ISP) decreed, in Case
No. 77CW1328, District Court, Water Division 6, which extends upstream from the
confluence of Morrison Creek and Silver Creek. Storage in the Morrison Creek
Reservoir may inundate a portion of the CWCB's instream flow right on Silver Creek.
The extent of this possible inundation of the CWCB's instream flow right as it relates to
the proposed Morrison Creek Reservoir is not known with precision 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
Creekdecreed in Case No. 77CW1328, 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 instrearn 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.
77CW1328 remains in effect.
(2) Storage of 4,645 AF under conditions of a probable maximum flood in the
Morrison Creek basin may inundate lands within the boundary of the Sarvis Creek
Wilderness Area. The boundary of the Wilderness Area as it relates to the proposed
Morrison Creek Reservoir is not known with precision at this time. During the planning
for design of the reservoir dam, the District shall cause the boundary line of the
Wilderness Area at the inlet of the proposed reservoir adjacent to the Wilderness Area to
be surveyed to the satisfaction of the United States Forest Service. The dam and spillway
shall then be designed to the satisfaction of the United States Forest Service so that under
the calculated probable maximum flood condition in the Morrison Creek basin the
reservoir will not inundate any lands within the Wilderness Area as it then exists. Such
design may result in a decrease in the anticipated dam and spillway crest elevation and a
decrease in the volurne that can be stored. If that occurs, the decreed volume will be
CASE NO. 07CW61
FINDINGS OF FACT, CONCLUSIONS OF LAW,
AND JUDGMENT AND DECREE
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