BOARD01002

• Board Meeting Date: 1/24/2006
• Description: ISF Section - Stream and Lake Protection - Injury with Mitigation - Case. Nos. 7-83CW45 and 4-83CW14, Application of United States of America Paradox Salinity Control Unit
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of NaturaI Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

To:

Colorado Water Conservation Board Members

Dan Merriman and Linda Bassi \1:~
Stream and Lake Protection Secti~

Russell George
Executive Director

From:

Rod K1.I.harich
ewes Director

Date: January 17, 2006

Rick Brown
Acting Deputy
Director

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Re: Agenda No. 28, January24-25, 2006 Board Meeting: U.s. Bureau of RecIamation
Paradox Salinity Control Unit; (Case Nos. 7-83CW45 and 4-83CW14) -- Injury with
Mitigation Proposal

This agenda item addresses an injury with mitigation proposal under ISF Rule 8i. (3) (Injury
Accepted with Mitigation). This is the second meeting of the two-meeting process required by
Rule 8i.(3). At its September 13-14, 2005 meeting, the Board made the preliminary
determination that the natural environment of the Dolores River could be preserved to a
reasonable degree with the proposed injury to the Board's Dolores River instream flow water
right if the Bureau of Reclamation provided the proposed mitigation.

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Background

The Board holds an instream flow water right on the Dolores River for 78 cfs from McPhee Dam
to the confluence with the San Miguel River, decreed by the Division 7 Water Court on
September 29, 1975 in Case No. 75W1346 ("Dolores River ISF") with an appropriation date of
May I, 1975. The Bureau of Reclamation ("Reclamation") operates the Paradox Valley Unit
("the Unit"), which is located adjacent to the Dolores River near Bedrock, Colorado. (See
attached map). The Dolores River picks up an estimated 205,000 tons of salt annually as it
crosses Paradox Valley, primarily from the surfacing of natural brine groundwater. The Unit is
designed to prevent this natural salt load from entering the river and degrading the water quality
of the Dolores River downstream of the Unit and the main stem of the Colorado River. The Unit
intercepts the brine groundwater before it enters the Dolores River and disposes the brine by
deep well injection.

In 1983, to enable full operation of the Unit, Reclamation applied for and obtained a decree for a
change of water rights and plan for augmentation in Case Nos. 83CW45 (Water Division 7) and
83CW14 (Water Division 4). Reclamation sought to change several surface water rights from