BOARD00999

• Board Meeting Date: 3/21/2006
• Description: ISF Section - Consent Agenda - Case No. 7-05CW087, Town of Silverton
• Board Meetings - Doc Type: Memo

.

Consent Agenda Item l,s
Case No. 7-05CW087; Town ofSilverton

Application Summary

This is an application for a surface water right and storage right for the Town of Silverton. Applicant
seeks a conditional surface water right for the Silverton Expansion Diversion from the Animas River
in the amount of 7.5 cfs with a 2000 appropriation date. Applicant also seeks a conditional storage
water right in Big Molas Lake for an additional 150 AF, Applicant proposes to raise thc existing
dam from its current height of approximately 5 feet to a total height of 13 feet. In pending Case No,
04CW50, Applicant requested a conditional storage right in Big Molas Lake for 360 acre-feet
(including 200 AF decreed to the CWCB as a natural lake level water right), Applicant now claims
that the total capacity of the dam is 300 AF, Applicant seeks to divert water from Molas Creek via
the Molas Ditch at a rate 5.5 cfs, absolute, to fill the lake. This water will also be used for all
municipal uses including augmentation and storage in the Big Molas Lake Expansion,

CWCB Appropriations

The Board holds the following natural lake level water right that may be injured by this
application:

.

CWCB Case
No.
7-W-1541-76

Stream/Lake
Big Molas Lake

Amount
(AF)
200

Approp.
Date
11/30/1976

Watershed
Animas River

County

San Juan

Potential for Iniurv

The Applicant's proposed application for a water storage right will inundate the existing lake and
may cause material injury to the Board's natural lake level water right on Big Molas Lake, decreed
in Case No. W-1541-76, The Applicant may not base its appropriation date upon actions of the
Board or any other entity, as claimed in #2.d.i and 2,e,i of the application,

Other Objectors
Trout Unlimited also filed a statement of opposition to this application,

Contact with Applicant

In September 2005, eWCB staff and the Attorney General's Office met with representatives of
the Applicant at Big Molas Lake and agreed to pursue a mutually acceptable resolution of the
CWCB's concerns. Staff intends to continue working with the Applicant to negotiate a
settlement in both of the Applicant's pending cases involving Big Molas Lake,

.