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<br />. <br /> <br />. <br /> <br />. <br /> <br />~' <br /> <br />" <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado K0203 <br />Phone: (303) 866-3-141 <br />FAX, (303) 866-+174 <br />www.cwcb.state.co.us <br /> <br /> <br />MEMORANDUM <br /> <br />Bill Owens <br />Governor <br /> <br />To: Colorado Water Conservation Board Members <br /> <br />From: Dan Merriman and Linda Bassi ' ~Q/' <br />Slream and Lake Protection Secti~ <br /> <br />Date: July 12, 2006 <br /> <br />Russell George <br />Executive Director <br /> <br />Rod Kuharich <br />eWeB Director <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />Re: Agenda Item No. 23, July 25-26,2006 Board Meeting: Basalt Water Conservancy <br />District; (Case Nos. 5-01CW305 and 02CW077) -- Injury with Miti!:ation Proposal <br /> <br />This agenda item addresses a proposed pretrial resolution under ISF Rule 8i. (3) (Injury <br />Accepted with Mitigation). This is the second meeting of the two-meeting process required by <br />Rule 8i.(3). Staff and the Basalt Water Conservancy District ("District") first presented the <br />District's proposal to the Board at its September 2005 meeting. Subsequently, after discussing <br />the proposal with CWCB and DWR staff, the District restructured the proposal to address <br />concerns raised during those discussions. The latest proposal is attached to this memo. <br /> <br />Backl!round <br />In Case Nos. OlCW305 and 02CW77, the District applied for changes of water rights and <br />approval of plans for augmentation, including appropria1ive rights of exchange. The two <br />applications are part of the District's implementation of its on-going Operating Plan to supply <br />augmentation water to numerous water contractees located in portions of the Roaring Fork and <br />Fryingpan River basins above Glenwood Springs, Colorado. Under the Plan, water allotment <br />contractees rely on releases from various reservoirs and direct flow water rights owned or <br />controlled by the District to augment, directly or by exchange, their individual domestic water <br />systems and other beneficial uses. <br /> <br />The CWCB filed statements of opposition to both water court applications due to potential injury <br />to various instream flow water rights in the Roaring Fork basin. The ISF water rights that could <br />be impacted by these applications are listed below: <br /> <br />CWCB Case Stream/Lake Amount Approp. Watershed Connty <br />No. (cfsl Date <br />5-73W1948 Fryingpan River 12/6 07/12/1973 Roaring Fork River Pitkin <br />5-73W1955 Fryingpan River 30 - 200 07/12/1973 Roaring Fork River Pitkin, Eagle <br />5-73W1945 Fryingpan River 110/39 07/12/1973 Roaring Fork River Pitkin, Eagle <br />5-85CW646 Roaring Fork River 55/30 11/8/1985 Roaring Fork River Pitkin, Eagle <br />5-85CW639 Roaring Fork River 145/75 11/8/1985 Roaring Fork River Pitkin, Garfield, <br /> Eagle <br /> <br />Colorado Water Conservation Board <br />Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation and Drought Planning <br />