BOARD00850

• Board Meeting Date: 1/26/2000
• Description: ISF Section - Pretrial Resolution - Case No. 5-97CW283, Town of Breckenridge ‎(Miners Creek)‎
• 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]

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TO:

CWCB Members
. (.
Dan Memm~
Greg Espegren Q'1t(

January 18, 2000

Bill Owens
Governor

FROM:

Greg E. Walcher
Executive Director

Peter H. Evans
eWeB Director

DATE:

Dan McAuliffe
Deputy Director

SUBJECT: Agenda Item l8b, January 26-27, 2000, Board Meeting __
Stream and Lake Protection - Pretrial Resolution
Case No. 5-97CW283; Town of13reckenridge (Miners Creek)

Background
At its November 1999 meeting, the Colorado Water Conservation Board (CWCB) considered a
proposal for pretrial resolution from the Applicant in the above-referenced case. The CWCB
rejected the Applicant's proposal and instnlcted staff to work with the Applicant and
representatives from the Defenders of Miners Creek and Trout Unlimited's Western Water
Project towards a pretrial resolution that would:
1. Recognize that the Board's Miners Creek instream flow water right is subject to the
historic, albeit undecreed, practice of diverting water from Miners Creek into the Blue
River,
2. Allow the Applicant to exchange the amount of water delivered from Miners Creek to
the Blue River within the segment of the Blue River between the inlet to Dillon
Reservoir and the point of diversion for Breckenridge Water and Sanitation District
(approximately 300 yards in length) without regard to the Board's instream flow
water right in that reach,
3. Fully protect the remainder of the Board's two Blue River instream flow water rights
upstream of the point of diversion for the Breckenridge Water and Sanitation District.
4. Require the Applicant to withdraw its request for the Miners Creek Enlargment
conditional water right and its request for a modification of the Board's instream flow
water right on Miners Creek.
5. Assure that the facts and circumstances that were used to resolve this case would have
no precedential effect in other situtations.

Staff from the CWCB and AGO met with the Applicant, the Defenders of Miners Creek and
Trout Unlimited on December 14, 1999. Subsequent to that meeting, the CWCB and AGO staff
prepared the attached draft stipulation that was transmitted to the Applicant on December 17,
1999. Staffs' draft stipulation includes all of the parameters that the Board requested at its