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<br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />To: <br /> <br />Colorado Water Conservation Board Members <br /> <br />Russell George <br />Executive Director <br /> <br />From: Dan Merriman and Linda Bassi <br />Stream and Lake Protection Section <br /> <br />Rod Kuharich <br />CWCB Director <br /> <br />Date: November 2, 2005 <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />Re: Agenda No.7, November 14-15, 2005 Board Meeting, - Request for Autborization to <br />Proceed to Trial- Case No. 5--03CW78, Application oftbe Upper Eagle Regional Water <br />Authority <br /> <br />Back2round <br /> <br />. <br /> <br />This application is set for a two day trial beginning on February 6, 2006 in Glenwood Springs. In <br />this case, the Applicant seeks approval of a plan for augmentation and exchange. The application <br />identifies- ~;veral existing decreed points of diversion, two reservoirs, and 41 individual wells. The <br />Applicant seeks the right to augment by exchange out-of-priority diversions by these structures with <br />releases..from Wolford Mountain Reservoir and Ruedi Reservoir. The proposed downstream terminus <br />of the exchange reach that could impact the Board's water rights is the confluence of the EaglealTdo <br />Colorado Rivers, and the upstream termini are the points of diversions described in the applicatron". <br />The rate of exchange is 0.55 cfs with a priority date of November 4, 2002. <br /> <br />The Board holds the following water rights that will be injured by the Applicant's proposed <br />operation of its plan for augmentation and exchange: <br /> <br />CWCB Case <br />No. <br />5-80CW134 <br />5-80CW126 <br />5-80CW124 <br /> <br />Stream/Lake <br />Ea Ie River <br />Ea Ie River <br />Ea Ie River <br /> <br />Amount <br />(crs) <br />85/35 <br />110/45 <br />130/50 <br /> <br />Approp. <br />Date <br />03/17/1980 <br />03/17/1980 <br />03/17/1980 <br /> <br />Watershed <br />Ea Ie River <br />Ea Ie River <br />Ea Ie River <br /> <br />County <br />Ea Ie <br />Ea Ie <br />Ea Ie <br /> <br />. <br /> <br />Staff and the Attorney General's Office have proposed terms and conditions for inclusion in <br />Applicant's decree that would protect the Board's instream flow water rights, but the Applicant has <br />rejected those terms' and conditions and has proposed alternate terms and conditions that do not <br />prevent injury to the Board's water rights. Terms and conditions still at issue include specific <br />language to prevent injury to the Eagle River instream flow water rights, terms limiting the operation <br />of the exchange, and a term addressing measuring device requirements. Outstanding engineering <br /> <br />Colorado Water Conservation Board <br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation and Drought Planning <br />