BOARD00353

• Board Meeting Date: 3/29/1999
• Description: ISF Section - Proposed Injury with Mitigation/Modification - Case No. 5-97CW306, EMD LLC et al.
• Board Meetings - Doc Type: Memo

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Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street
Denver, Colorado 80203
Phone: (303) 866~3441
FAX, (303) 866.44i4

STATE OF COLORADO

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Bill Owens
Governor

TO:

CWCB Members

GregE. Walcher
Executive Director, DNR
Peter H. Evans
Director, eWeB

FROM: Dan Merriman
Greg Espegren

DATE: March 22, 1999

SUBJECT: Agenda Item 12a, March 29-30, 1999, Board Meeting --
Instream Flow Program - Proposed Injury With MitigationIModification
Case No. 5-97CW306; EMD L.L.C. et. aL

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The CWCB staff and the Applicant brought this matter to the Board for preliminary
consideration at its January 1999 meeting. Under the proposed mitigation plan, Applicants
propose to increase the flow within a 2-mile reach of the Eagle River by up to 14 cfs during the
historic irrigation season by forgoing diversions at several senior, upstream points of diversion
and taking those diversions at the Raw Water Booster Pump. In exchange, Applicants request
that they be allowed to deplete the Board's Eagle River instream flow within a 320 foot reach of
stream between the Raw Water Booster Pump and the Avon Wastewater Treatment Plant outfall
by approximately I cfs.

At its January 1999 meeting, the Board made the determination that "the natural environment
could be preserved to a reasonable degree with the proposed injury or interference if the
applicant provided mitigation"; as required by the CWeB's Rules and Regulations. The Board
also instructed staff to work with the Applicants to investigate the possibility of minimizing the
impacted reach of stream by pumping wastewater effluent upstream.

Representatives from the CWCB, Colorado Division of Wildlife, and Attorney Generals staffs
met with the Applicant's attorneys and engineers on site on March I". The site visit allowed the
parties to formulate a mitigation plan that staff believes will continue to preserve the natural
environment of the Eagle River to a reasonable degree while providing the Applicant with the
assurance that their out-of-priority diversions will not be interrupted in times oflow stream flow.

Applicants were studying the costs and feasibility of the proposed mitigation plan at the time this
memo was prepared. They anticipated that these studies would be completed this week and
requested that staff reserve time on the agenda for the Board to consider the mitigation plan.

_ March 22. 1999 mailing memo