BOARD00525

• Board Meeting Date: 7/18/2005
• Description: ISF Section - Application of the Cripply Creek and Victor Gold Mining Company ‎(Case No. 2-02CW122)‎ - Pretrial Resolution
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

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

MEMORANDUM

Bill Owens
Governor

To:

Colorado Water Conservation Board Members

Russell George
Executive Director

From: Dan Merriman and Linda Bassi

Rod Kuharich
CWCB Director

Date: July 11, 2005

Dan McAuliffe
Deputy Director

Re: Agenda No. 11, July 18-19, 2005 Board Meeting: Application ofthe Cripple Creek and
Victor Gold Mining Company (Case No. 2-02CW122) - Pretrial Resolution

This agenda item presents a proposed settlement with the Cripple Creek and Victor Gold Mining
Company ("CC& V") for the entry of a decree granting its application for approval of a plan for
augmentation. By entering into this settlement, the Board would agree (1) to accept de minimis
impacts to a reach of one of the Board's Fourmile Creek instream flow water rights and (2) that,
pursuant to section 37-92-102(3)(b), C.R.S., the Fourmile Creek instream flow water rights are
subj ect to certain depletions that were occurring on and before the date the Board appropriated those
water rights.

Backl!round

In August 2002, CC&V applied for a plan for augmentation to augment depletions from its surface
mining operation ("the Cresson Project") in Teller County near Victor, Colorado. A general vicinity
map showing the Cresson Project's location is attached to this memo. CC& V has been conducting
its mining operations under temporary substitute supply plans that must be renewed annually since
1992. Mining operations result in a reduction of the infiltration or runoff of precipitation, resulting
in a decrease in the amount of water tributary to streams, including West Beaver Creek and Fourmile
Creek, which are tributary to the Arkansas River. The CWCB holds the following instream flow
water rights that could be injured by this proposal:

Case No.
2-00CW103
2-00CW104
2-00CW105
2-00CW106

Stream
Fourmile Creek
Fourmile Creek
Fourmile Creek
Fourmile Creek

Amount ( cfs)
9.4 / 4.5
9.1/4.75
9.5/5
3.5/9.5/3.5/5

Approp. Date
1/26/2000
1/26/2000
1/26/2000
1/26/2000

CC&V will use water purchased through contracts with the City of Victor and/or the City of
Colorado Springs to replace its out-of-priority depletions. The following structures may require
augmentation: (1) facilities or areas within the Cresson Project underlain with an impermeable liner

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