BOARD00861

• Board Meeting Date: 7/26/2006
• Description: ISF Section - Proposed MOA with Upper Eagle Regional Water Authority and Eagle River Water and Sanitation District
• 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: (3m) 866-3-141
FAX: [phone]
www.cwcb.state.co.us

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MEMORANDUM

Bill Owens
Governor

To:

Russell Georg~
Executive Director

Colorado Water Conservation Board Members

From:

Dan Merriman and Linda Bass'i~

July 17, 2006

Dan McAuliffe
Depu ty Director

Rod Kuharich
eWeB Director

Date:

Re: Agenda Item No. 22, July 25-25, 2006 Board Meeting: Proposed MOA with Upper
Eagle Regional Water Authority and Eagle River Water and Sanitation District

This agenda item stems from a request by East West Partners ("EWP"), the developer of the
Confluence Project, a condominium/hotel project located in Avon, Colorado, EWP requests that
the Board enter into a Memorandum of Agreement ("MOA") with the Upper Eagle Regional
Water Authority ("Authority") (water provider) and the Eagle River Water and Sanitation
District ("District") (wastewater treatment provider), The proposed MOA addresses discharges
from the Avon Waste Water Treatment Plant in relation to diversions from the Raw Water
Booster Pump (a diversion point used by the Authority) and impacts to the Board's Eagle River
instream flow water right decreed in Case No, 80CW134 for 85 cfs (May I-September 30) and
30 cfs (October I-April 30) on the Eagle River from the confluence with Gore Creek to the
confluence with Lake Creek ("the [SF"), The proposed MOA is attached to this memo,

Backl!round

The Confluence Development will obtain potable water from the Authority and has reached an
agreement with the Town of Avon to satisfy the Town's water requirements for new
construction, The Development will require 13.41 acre feet of consumptive use annually, and
has dedicated approximately 15 acre-feet of senior water to the Authority to augment the
Development's depletions to the Eagle River. In part to address these additional depletions to
the Eagle River, the Authority and District intend to relocate the discharge of the treated effluent
from the Avon Waste Water Treatment Plant to a point 25 feet or less downstream of the Raw
Water Booster Pump point of diversion, This proposal is based in part on an injury with
mitigation pretrial resolution memorialized in a stipulation entered into by the CWCB and the
Authority in Case No, 97CW306, which was decreed in March 200 I,

Case No. 97CW306 involved an application for conditional surface and storage water rights,
changes of water rights, and plan for augmentation and exchange connected with the Village at
Avon development. Among other things, the stipulation provides that after a trigger point when
the development and water demand reached a certain level, at times when the Eagle River ISF is
not being met, the Authority will "ensure that effluent generated at the Avon Wastewater
Colorado Water Conservation Board
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