BOARD00212

• Board Meeting Date: 5/20/2002
• Description: ISF Section - Authorization to Proceed to Trial - Durango/La Plata Airport, Case No. 7-99CW66
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of N aturaI Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX, [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
GovetTlor

Greg E. Walcher
Executive Director

To: CWCB Members

Rod Kuharich
CWCB Director

From: Dan Merriman and Ted Kowalski

Date: May 2, 2002

Dan McAuliffe
Deputy Director

Re: Agenda Item 19, May 20-21, 2002 Board Meeting --
Stream and Lake Protection - Authorization to Proceed to Trial. Durango/La Plata
Airport, Case No. 7-99CW66

Backl!round
The Durango/La Plata Airport ("DLP A" or "Applicant") has filed for a conditional surface water
right (Airport Pipeline), for two conditional storage water rights (Airport Phase I Reservoir and
Airport Phase II Reservoir, a change of water rights of the Tyner East Side Ditch, and for a plan for
augmentation. DLP A's augmentation plan seeks to permit the Applicant to make out-of-priority
diversions at the Airport Pipeline, and the Applicant will augment the depletions with releases from
the Airport Phase I and Airport Phase II Reservoirs. However, there is a segment of the Florida
River that will be depleted by the amount of the diversions at the Airport Pipeline and the Applicant
is unwilling to include a condition that when the CWCB's instream flow on the Florida River is not
satisfied, the Applicant shall curtail its diversions or replace its diversions at a point located at or
upstream of the point of the diversions.

The CWCB has two instream flow water rights on the Florida River. They are: 1) Case No. 7-
77W1763 for 7 cfs (7/1-10/14) and 14 cfs (10/15-6/30); and 2) Case No. 7-77WI764 for 12 cfs (7/1-
10/14) and 20 cfs (10/15-6/30), both with appropriation dates of 1/19/1977.

The trial is currently set for two days beginning June 24, 2002, in Durango. The Staff has explored
settlement with the Applicant, but has not been able to obtain a favorable settlement to date. The
Staff intends to continue to explore settlement options, but is asking for authorization to proceed to
trial should the negotiations not be successful. In fact, based on ongoing negotiations, staff may
present a settlement proposal to the Board at the meeting.

Staff Recommendation
It is recommended that the Board authorize the Staff to proceed to trial. However, staff should
continue Water Quality Forum to explore settlement options that will fully protect the CWCB's
instream flow water rights on the Florida River.

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning