BOARD00543

• Board Meeting Date: 7/28/2003
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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Stream and Lake Protection Program
Summary of Resolved Cases

Section 9.41 ofthe ISF Rules states that:

"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) Case Nos. 4-02CWI67; Milton Graves, Douglas Bryant and Nancy Williams, Trustees

The Board ratified this statement of opposition in January 2003. The Board's main objective in
filing a statement of opposition in this case was to prevent the Applicant from expanding its water rights.
The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that assures that
the CWCB' s instream flow water rights will not be injured.

The Board holds the following instream flow rights, which could have been injured by this
application:

Case No.
4-87CW257
4-87CW264

Stream
Taylor River
Taylor River

Amount (cfs)
100/50
200/80

Appropriation Date
10/2/1987
10/2/1987

The Applicant has agreed to the following terms and conditions that will provide full protection
for the Board's instream flow water rights on the Taylor River: .

· The Applicant is only changing its point of diversion from one tributary of the Taylor River to
another downstream tributary of the Taylor River.
· The Applicant's new uses are limited to replacement of seepage and evaporation losses and non-
consumptive freshening flows through an existing pond that was constructed prior the CWCB's
appropriation of the instream flow water rights on the Taylor River.
· The Applicant has agreed to limit its diversions at the new point of diversion to the amount that
is physically and legally available at the original point of diversion.
· The Applicant will install, maintain, and monitor such measuring devices as may be required
by the State and Division engineer to administer the terms ofthe decree.

(2) Case No. 5-97CW002; Roark Partners, LLP

The Board ratified the statement of opposition filed in this case at its May 1997 meeting. The
Applicant originally sought new junior surface water rights, a new junior storage right, a new junior exchange,
and an augmentation plan. The Board has instream flow water rights on Gypsum Creek, Abrams Creek,
and the Eagle River that may have been injured by this application. The Board's main objective in filing a
statement of opposition in this case was to prevent the Applicant from diverting under its augmentation plan
to the detriment ofthe CWCB's water rights on Gypsum Creek, Abrams Creek, and the Eagle River. The