BOARD00623

• Board Meeting Date: 1/22/2003
• Description: ISF Section - Amendment to Carbon Lake Ditch Donation Agreement
• Board Meetings - Doc Type: Memo

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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.5tate.CO.us

MEMORANDUM

Bill Owens
Governor '

Greg E. Walcher
Executive Director

TO:

Rod Kuharich
CWCB Director

CWCB Members

FROM:

Dan McAuliffe
Deputy Director

Dan Merriman
Anne Janicki

DATE: January 9,2003

SUBJECT: Agenda Item 9 - January 22-23,2003 CWCB Meeting
Stream and Lake Protection
Amendment to Carbon Lake Ditch Donation Agreement

At its March 2001 meeting, the CWCB approved a donation agreement with the San Juan Resources
Conservation and Development Council that contemplated transferring the Carbon Lake Ditch water
right to the Board to preserve the natural environment in Big Horn Creek and North Mineral Creek
(See attached Board memo.) In September 2001, the Council finalized the purchase of the entire
water right and conveyed the deed to the Board.

Since the Board does not hold an instream flow water right on North Mineral Creek, the Division of
Wildlife conducted preliminary field investigations and has detennined that a minimwn flow
between 2.5 cfs and 6.6 cfs is needed to preserve the natural environment. Staff has also conducted
a preliminary water availability analysis to detennine the historic yield of the conveyed water right.
Based on these studies, it appears that there may be certain times when there is donated water
available in excess of the minimwn amount needed to preserve the natural environment. With the
recent passage of SB02-l56, this excess acquired water could be used to "improve" the natural
environment.

The donation agreement approved by the Board in March 2001 covers the use of the acquired water
rights for the minimwn amount needed to preserve the natural environment. In order to fully utilize
the acquired water, the donation agreement needs to be amended. The proposed amended agreement
is attached to this memo.

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