BOARD01004

• Board Meeting Date: 9/24/2001
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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Section 9.41 of the ISF Rules states that:

"In the event the pretrial resolution includes terms and conditions preventing injury or interference and does not
involve a modification, or acceptance of injury or interference with mitigation, the Board is not required to review and
ratifY the pretrial resolution. Staff may authorize its counsel to sign any court documents necessary to finalize this type
of pretrial resolution without Board ratification."

. Staffhas resolved issues of potential injury in the following water court case and authorized the Attorney General's
Office to enter into stipulations that protect the CWCB's water rights:

Stream and Lake Protection Program
Summary of Resolved Cases

(1) Case No. 2-99CW178; Westman

The Board ratified the statement of opposition filed in this case at its March 20.21, 2000, meeting. The Board has
instream flow water rights on Howard Creek that could have been injured by this application. The Board's main
objective in filing a statement of opposition in this case was to assure that the Applicant did not make out-of-priority
diversions at times when the Board's instream flow rights on Howard Creek were not being satisfied. The Staff, in
cooperation with the Attorney General's Office, has negotiated a settlement that fully protects the Board's instream flow
water rights.

Applicant proposed to divert water from Banita Creek, which is tributary to Howard Creek, which is tributary to the
Arkansas River, in Fremont County near the town of Howard. The Applicant proposed augmenting out.of.priority
depletions associated with its diversions on Banita Creek with releases from Twin Lakes Reservoir. The Applicant
proposed to exchange water from Twin Lakes Reservoir down to the confluence of the Arkansas River and Howard
Creek up to the Trail Ridge Pond Nos. 1 & 2 and Mains Ditch No.1 at a rate of 1 cfs, with an appropriation date of
. September 15, 1995.

The Board holds the following instream flow rights that could have been injured by this application:

Case No.
2.80CW73

Stream
Howard Creek

Amount ( cfs) Apl'ropriation Date
2 5/7/80

Applicant has agreed to the following terms and conditions that will provide full protection for the Board's instream
flow water rights on Howard Creek:

. Under this augmentation plan, the Applicant shall divert only at times when the flow of Howard Creek exceeds the
decreed minimum stream flow water rights, in the amount of 2 cfs, of the CWCB decreed in Case no. 80CW073
by the amount to be diverted.
. The Applicant will only operate its exchange when the flow of Howard Creek exceeds the amount of water
necessary to satisfY the CWCB 80CW073 2.0 cfs minimum stream flow water right by the amount to be
exchanged.
· Pursuant to g3 7-92-502(5), Applicant will install, maintain and monitor at locations determined by the Division
Engineer, and at Applicant's expense, such measuring devices deemed necessary by the Division Engineer to
administer the terms of this decree. .

(2) Case No.1.00CW018; Jackson Creek Properties, LLC

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The Board ratified the statement of opposition filed in this case at its May 22-23, 2000, meeting. The Board has instream
flow water rights on Jackson Creek that could have been injured by this application. The Board's main objective in
filing a statement of opposition in this case was to prevent the Applicant from expanding its water rights by diverting water
at several new downstream points of diversion in amounts greater than were originally available at the original point of
diversion. The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that fully protects the
Board's instream flow water rights. .