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<br />Page 3 <br /> <br />. <br /> <br />DOW has recommended instream flows of 136 cfs during the summer months and 75 cfs <br />during the winter months to preserve the natural environment. In order to address differences <br />between the amount of water recommended by the DOW as necessary to preserve the natural <br />environment during the winter, and the flow amounts which may be available under this agreement, <br />the parties have also included a provision for the purchase or lease of water, if physically and legally <br />available, for instream flow use. <br /> <br />The agreement also includes the following provisions: <br /> <br />. PRill and the Tribe may provide additional amounts of donated water to imorove the natural <br />environment. <br /> <br />. <br /> <br />. CWCB shall not use the donation agreement to oppose any water right application on the <br />Pine River so long as said application does not affect PRill or the Tribe's ability to provide <br />donated water to the Board and so long as PRill and the Tribe have affirmed that non-injury <br />condition. <br /> <br />. CWCB, PRill and the Tribe will file a joint application for a new junior storage right for <br />Vallecito Reservoir which provides for instream flow use exclusively by CWCB in the Pine <br />River. The CWCB shall be a co-applicant solely to obtain a decreed water right to <br />implement the agreement. <br /> <br />. CWCB, PRill and the Tribe will use best efforts to provide for the purchase or lease of water <br />from Vallecito to supplement the donated water to preserve the natural environment to a <br />reasonable degree. At their discretion, PRill and the Tribe may also make water available <br />for purchase or lease to improve the natural environment. <br /> <br />. As long as the agreement is in place, the CWCB agrees not to apply for a new instream flow <br />water right on the Pine River downstream from Vallecito Reservoir. <br /> <br />Staff has reviewed the attached water donation proposal, consulted with the Division <br />Engineer and DWR staff, CWCB Board member Don Schwindt, and the Division of Wildlife, and <br />has conducted additional technical investigations and analyses. This attached report summarizes <br />staff's analysis and contains additional technical information about the donated water, instream flow <br />needs, and other factors for the Board to consider in reviewing the proposed donation. Based on the <br />information contained in this report, staff believes the proposed donation agreement provides stream <br />flow protection for the Pine River at a level equal to or greater than a standard new instream flow <br />appropriation. <br /> <br />Water Acquisition Procedure <br /> <br />. <br /> <br />The statutes provide, "At the request of any person, including any governmental entity, the <br />board shall determine in a timely manner, not to exceed one hundred twenty days unless further time <br />is granted by the requesting person or entity, what terms and conditions it will accept in a contract <br />or agreement for such acquisition." The ISF Rules require a minimum of two Board meetings for <br />final action on any water acquisition proposal. The ISF Rules also require the Board to evaluate the <br />appropriateness ofthe acquisition and determine how best to utilize the acquired water, water rights, <br />or interest in water. Tbis Board meeting, July 2006, initiates the 120-day time period (or Board <br />consideration of PRID and tbe Tribe's proposal. Final action on the proposal could occur at <br />either the September or November 2006 Board meeting. <br /> <br />Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />