BOARD00650

• Board Meeting Date: 11/15/2005
• Description: ISF Section - Request for Authorization to Proceed to Trial - Case No. 5-02CW376 - Application of the Upper Eagle Regional Water Authority
• 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.us .

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MEMORANDUM

Bill Owens
Governor

To:

Colorado Water Conservation Board Members

Russell George
Executive Director

From: Dan Merriman and Linda Bassi
Stream and Lake Protection Section

Rod Kuharich
CWCB Director

Date: November 2, 2005

Dan McAuliffe
Deputy Director

Re: Agenda No, 6, November 14-15, 2005 Board Meeting, - Request for Authorization to
Pr~\:eed to Trial- Case No. 5~ 02CW376 - Application of the Upper Eagle Regional
Water Authority

Backeround

This application is set for a two day trial beginning on January 30, 2006 in Glenwood Springs.
In this <;:ase, the Applicant, the Upper Eagle Regional Water Authority, seeks to change the use of its
I/16th intlll@st in the. Terrell and Ford Ditch water rights, decreed for irrigation use, to domestic,
municipal: irrigation, livestock watering, mechanical, manufacturing, recreation, fire protection,
piscatorial, aesthetic, sewage treatment, street sprinkling and the watering of parks, lawns and
groundS'; directly or by augmentation or exchange. The Applicant also seeks to change the two
originally decreed points of diversion to seven alternate points of diversion, with both the originar
and alternate points located on or tributary to the Eagle River. The Applicant has asked the water
court to find that the historical consumptive use of the subject water rights is the same as that
established in Case No. 80CW397 (filed by a different applicant) quantifying and changing the use
of the other l5/l6th interest in the Ditch. Under that decree, the historical consumptive use would be
14.76 acre-feet per year.

The Board holds the following water rights that will be injured by the Applicant's proposed changes
of water rights:

CWCB Case
No,
5-80CW134
5-80CW126

Amount
(cfs)
85/35
II 0/45

Approp.
Date
03/17/1980
03/17/1980

Watershed
Ea Ie River
Ea Ie River

County
Ea Ie
Ea Ie

Stream/Lake
Ea Ie River
Ea Ie River

Staff and the Attorney General's Office have proposed terms and conditions for inclusion in
Applicant's decree that would protect the Board's in stream flow water rights, but the Applicant has
rejected those terms and conditions and has proposed alternate terms and conditions that do not
Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning