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Colorado Water Conservation Board '. Staff Summary Report Proposed Water Right Acquisition Pine River. La Plata County July 2006 Summary of Proposal The proposed donation agreement focuses on three distinct hydrologic scenarios tied to winter storage levels in Vallecilo Reservoir. Under each winter scenario, PRID and Ihe Tribe have committed to donate a specified amount of storage water to the Board to preserve the natural environment in the Pine River downstream from Vallecito Reservoir. During the summer months, the "donated water" would consist primarily of water delivered to meet contract obligations; however, PRID and the Tribe have also committed to quarantee a minimum flow through the instream flow reach to the Highway 160 Bridge to preserve the nalural environment to a reasonable degree. During the winter, water would be released from storage and the Board would protect that flow through the instream flow reach downstream to the confluence of Dry Creek near Ignacio. During both summer and winter periods, the agreement provides for reduced releases during emergencies, shortages or projected shortages, but also establishes a minimum release of 5 cfs during those times. Summary of Donated Flows . Time Period Amount Donated Summer Months (May 10 - Sept 30) 136 cfs Winter Months (October 1 - MlIY 9) . Storage level> or - 77K AF 50 ets . Storage level 77K AF to 60K AF 36 - 25 cfs . Storage level < 60K 5 ets Emergency/Shortage condition 5 cfs . DOW has recommended instream flows of 136 cfs during the summer months and 75 cfs during the winter months to preserve the natural environment. In order to address differences between the amount of water recommended by the DOW as required to preserve the natural environment during the winter, and the flow amounts which may be available under this agreement, the parties have also included a provision for the purChase or lease of water, if physically and legally available, for instream flow use. The agreement also includes the following provisions: . PRID and the Tribe may provide additional amounts of donated water to improve the natural environment. . CWCB shall not use the donation agreement to oppose any water right application on the Pine River so long as said application does not affect PRID or the Tribe's ability to provide donated water to the Board and so long as PRID and the Tribe have affirmed that non-injury condition. . CWCB, PRID and the Tribe will file a joint application for a new junior storage right for Vallecito Reservoir which provides for instream flow use exclusively by CWCB in the Pine River. The CWCB shall be a co- applicant solely to obtain a decreed water right to implement the agreement. . CWCB, PRID and the Tribe will use best efforts to provide for the purchase or lease of water from Vallecito to supplement the donated water to preserve the natural environment to a reasonable degree. At their discretion, PRID and Ihe Tribe may also make water available for purchase or lease to improve the natural environment.