BOARD00016

• Board Meeting Date: 3/21/2006
• Description: ISF Section - Consent Agenda - Case No. 1-05CW295, City of Lafayette
• Board Meetings - Doc Type: Memo

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Consent Agenda Item La
Case No. I-05CW295; City of Lafayette

Application Summary

This is an application for a change of water right, approval of a plan for augmentation, and
appropriative rights of exchange on South Boulder Creek and Boulder Crcek near Boulder.
Applicant seeks to change the water rights associated with the Leyner-Cottonwood Ditch and
Baseline Reservoir. Applicant claims that the consumptive use and return flow amounts that were
previously determined for the Leyner-Cottonwood Ditch in Case Nos. 85CWl19 and 87CW327
and for Baseline Reservoir in Case Nos. 90CWl08 and 97CWl95 are applicable in this case.
Applicant proposes to utilize the subject water rights, Oliginally decreed for irrigation, for all
municipal purposes within the service area of the City of Lafayette. Further, Applicant seeks
approval to divert its interest in the direct flow priorities decreed to the subject water rights at
several alternate points of diversion. Applicant proposes to augment out-of-priority diversions with
"surplus" return flows generated from municipal uses. In addition, Applicant proposes to exchange
the surplus retum flows to upstream points of diversion and storage for the stated municipal
purposes. Applicant seeks a November 30, 2005 date of appropriation for the claimed exchanges at
a rate of 8 cfs.

CWCB Appropriations

'.

The Board holds the following instream flow water rights that may be injured by this application:

CWCR Case
No.
1-80CW379A
1-74W7636

Stream/Lake

Amount
(cfs)
15/6
15

Approp.
Date
12/02/l 980
10/0 lIl973

Watershed

County

South Boulder Creek
Boulder Creek

South Boulder Creek
Boulder Creek

Boulder
Boulder

Potential for Iniurv

The Applicant's proposed changes of water rights may result in an expansion of use that may injure
the Board's instream flow water rights on South Boulder Creek and Boulder Creek. The
Applicant's proposed plan for augmentation may injure the Board's instrcam flow water rights on
South Boulder Creek and Boulder Creek by not replacing depletions in time, place and amount. The
proposed exchanges must be operated only when in priority to prevent injury to the Board' s
instream flow water rights on South Boulder Creek and Boulder Creek.

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Other Obiectors

The Farmers Reservoir & Irrigation Company, Anderson Ditch Company, Leyner-Cottonwood
Consolidated Ditch Company, Central Colorado Water Conservancy District, Water Users
Association of District No.6, Public Service Company, City and County of Broomfield, Town of
Erie, and City of Boulder also filed statements of opposition to this application.