BOARD00375

• Board Meeting Date: 5/23/2005
• Description: ISF Section - Application of Table Rock Properties, LLC ‎(Case No. 5-03CW331)‎ - Injury with Mitigation Proposal
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

. Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.u5

MEMORANDUM

Bill Owens
Governor

To:

Colorado Water Con8ervation Board Members

Russell George
Executive Director

. From: Dan Merriman and Linda Bassi

Rod Kuharich
CWCB Director

Date: May 12, 2005

Dan McAuliffe
Deputy Director

Re: Agenda No. 26, May 24-25, 2005 Board Meeting: Application oCTable Rock Properties,
LLC (Case No. 5-03CW331) -- Injury with Mitigation Proposal

.

This agenda item addresses a proposed pretrial resolution under ISF Rule 8i. (3) (Injury Accepted
with Mitigation). Rule 8i.(3) requires the Board to consider an injury with mitigation proposal using
a two-meeting process. This is the second meeting of the process. At its March 2005 meeting, the
Board made the preliminary determination that the natural environment of Rock Creek could be
preserved to a reasonable degree with the proposed injury or interference if applicant provided the
proposed mitigation. The Board also instructed Staff to work with the Applicant to address concerns
about the proposal expressed by Trout Unlimited.

Back!:!round

. Table Rock Properties, LLC's application seeks storage rights, surface water rights, a change of
. water rights, and a plan for augmentation including exchange, all in connection with the Applicant's
Fish Habitat Project located within the Table Rock Ranch on Rock Creek near Wolcott, Colorado.
The Board entered a statement of opposition to this application because the exercise of the proposed
rights could adversely impact the Board's instream flow water right on Rock Creek, decreed in Case
No. 77W3624 for 10 cfs year round from Rock .Creek's confluence with Gore Creek to the
confluence with the Colorado River. (See map at page 4 ofthis memo). The Applicant has proposed
a flow-sharing agreement with the CWCB that would result in flows in Rock Creek below 10 cfs at
times, but would maximize the benefits of the Fish Habitat Project described below.

This proposal would allow some injury to the Rock Creek instream flow water right, but the
mitigation offered by the Applicant should enable the Board to accept that injury while continuing to
preserve the natural environment of Rock Creek to a reasonable degree. Therefore, Staff is asking
the Board to take final action to ratifY this proposed pretrial resolution under ISF Rule 8i. (3).

.

The reach of Rock Creek subject to the proposal begins Y. mile upstream of the confluence of Rock

and Egeria Creeks and extends to the lower Table Rock Ranch property boundary, a distance of

approximately 2.3 miles. In 2003, Table Rock Properties, LLC ("Table Rock") restored 12,000

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