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<br />~, .,~ <br /> <br />- 2- <br /> <br />Treatment Plant shall be delivered upstream to a point approximately 70 feet downstream of the . <br />Raw Water Booster Pump," The Authority also agreed "to make some stream improvements in <br />the reach between the Raw Water Booster Pump and the point where effluent may be delivered <br />upstream, , , consisting of the movement and lor placement of rocks, to help direct Eagle River <br />flows toward the North bank of the Eagle River during times of low flows to help maintain a fish <br />passage in this 70 foot reach," The Authority has made the improvements to the subject reach of <br />the Eagle River. According to Dennis Gelvin, General Manager of the Authority, the <br />improvements concentrates and directs flows to the north bank of the Eagle River, which both <br />enhances fish passage and improves the flow of the water into the Raw Water Booster Pump, <br />The Authority has not yet installed a pumpback system to implement the 97CW306 stipulation, <br />The trigger points identified in the stipulation have not been reached to date, <br /> <br />Discussion <br />In Case No, 97CW306, the projected depletions to the 70 foot reach of the Eagle River would be <br />less than I cfs, The proposed MOA would permit up to 10 cfs of depletions to the 25 foot or less <br />reach of the Eagle River between the Raw Water Booster Pump and the relocated discharge point <br />of the Avon Waste Water Treatment Plant. The two key provisions of the MOA are: <br /> <br />. In the event the Authority andlor the District discharge the treated effluent from the Avon <br />Plant to a location in the Eagle River 25 feet or less downstream of the Raw Water <br />Booster Pump, such discharge up to 10 cfs (the current capacity of the Avon Plant) will <br />be considered to occur at or upstream of the Raw Water Booster Pump for purposes of <br />determining injury from diversions at the Raw Water Booster Pump to and augmentation <br />of the ISF, . <br /> <br />. At times when the flow of the Eagle River immediately downstream of the Metcalf Ditch <br />Headgate is less than the current amounts decreed to the ISF as a result of diversions by <br />the Authority, the Authority shall, when physically possible, divert at the Raw Water <br />Booster Pump the water it would otherwise have diverted at the Metcalf Ditch Headgate. <br />This provision is limited to the physical capacity of the Raw Water Booster Pump and <br />shall not in any manner be construed as a subordination of any of the Authority's water <br />rights to the ISF, This provision is also not intended to affect the operation of the <br />Edwards Drinking Water Facility Division or the Authority's other diversion points, <br /> <br />The MOA also requires the Authority andlor District to maintain the improvements "so that said <br />improvements fully achieve the intended purpose of concentrating and directing flows to the <br />north bank of the river at times of low flows to enhance fish passage and improve the flow of <br />water into the Raw Water Booster Pump," <br /> <br />The Division Engineer for Water Division 5 and the Division of Wildlife ("DOW") are <br />reviewing this proposal. Staff will inform the Board of the results of their review at the Board <br />meeting, <br /> <br />Staff Recommendation <br /> <br />Provided that (I) the Division Engineer will recognize and administer the terms of the MOA and <br />(2) the DOW does not identify any concerns with the MOA, Staff recommends that the Board <br />authorize the CWCB Director to execute the attached Memorandum of Agreement with the . <br />Upper Eagle Regional Water Authority ("Authority") and the Eagle River Water and Sanitation <br />District. <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />