BOARD00356

• Board Meeting Date: 5/22/2000
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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Director's Report Attachment - May 22-23, Board Meeting
Stream and Lake Protection Program - Summary of Resolved Cases

Section 9.41 of the ISF Rules states that:

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"In the event the pretrial resolution includes terms and conditions preventing injury or
interference and does not involve a modification, or acceptance of injury or interference with
mitigation, the Board is not required to review and ratify the pretrial resolution. Staff may
authorize its counsel to sign any court documents necessary to finalize this type of pretrial
resolution without Board ratification."

Staff has resolved issues of potential injury in the following water court case and
authorized the Attorney General's Office to enter into stipulations that protect the CWCB' s water
rights:

1. Resolution of Case No.1-94CW284; City of Boulder

The Board ratified the Statement of Opposition filed in this case at its March 3, 1995,
meeting. The Applicant is seeking changes in the type and place of use for water attributable to
its shares of Baseline Land and Reservoir eo. in Baseline Reservoir. The Applicant is also
seeking to change the type and place of use of water attributable to its shares in the Lower
Boulder Reservoir and Ditch Co. for the Lower Boulder Ditch. Applicant proposes to divert
these water rights at alternate points of diversion upstream of the historic diversion point, and to
store the water in one of many storage reservoirs.

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

Case No.
l-74W7636
1-78W9375
l-94CW018
l-94CW019
l-94CW020

Stream
Boulder Creek
Middle Boulder Creek
Boulder Creek
North Boulder Creek
North Boulder Creek

Amount (cfs)
15
12
15/6
512
4/1.5

Appropriation Date
10/17/73
7/11/78
11/10/93
ll/10/93
ll/10193

Applicant has agreed to the following terms and conditions that will provide full
protection for the Board's instream flow water rights on Boulder Creek, Middle Boulder Creek,
and North Boulder Creek.

Applicant will only operate the substitutions and exchanges at times when all ofthe
CWCB's instream flow water rights located between the exchange-from points and the
exchange-to points are satisfied.

Pursuant to 937-92-502(5), Applicant shall install, maintain and monitor at locations
determined by the Division Engineer and at Applicant's expense such measuring devices deemed
necessary by the Division Engineer to administer the terms of this decree.

2. Resolution of Case No. 1-97CW195; City of Lafayette

The Board ratified the statement of opposition filed in this case at its September 22, 1997,
e meeting. The Board has several instream flow water rights on Boulder Creek and South Boulder