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<br />. <br /> <br />. <br /> <br />. <br /> <br />.' <br /> <br />~ <br /> <br />A study finding that ewes calls are improbable, would simply allow the aWeD to <br />continue its water allotment program consistent with lhe conditions outlined in Case No. <br />02CW77 and the water conservation measures outlined in the mitigation plan. with the <br />continuing assurance that aWeD contractees' inside uses will not be curtailed by a <br />ewes call. Improbable is defined as: a ewes call would be expected to occur on a <br />frequency of 1 year in 50 or less frequent (i.e. 1 year in 60, 1 year in 70. etc.). <br /> <br />Under this component of the Injury with Mitigation Plan, the duration of potential injury to <br />the ewes, if any, would last only three to four years until such time as the <br />comprehensive streamflow investigation Is completed. During this period, the extent of <br />issued contracts would be limited such that the maximum depletion to the upper reach <br />would be no greater than 0.25 cfs. <br /> <br />The advantage of the plan to the CWCB and BWCD is that it will allow 02CW77 to move <br />to decree saving both parties' time and resources, allow aWCD to continue Issuing <br />contracts within the upper reach subject to the conditions noted above, provide CWCB <br />with mechanisms to exercise and avoid injury to its in~stream flow right from both aWCD <br />contractees and other junior appropriators, minimize the injury, if any, that results from <br />diversions by aWCD contractees, and provide the cwca with a scientific analysis of the <br />conditions of the Roaring Fork River above its confluence with the Frylngpan River thaI <br />will enable ewcs to better monitor, proted and enforce its in.stream flow water right in <br />the future. <br /> <br />The risk to the ewcs from entering into this agreement is extremely low. It Is <br />improbable that streamflows will drop below ewca minimums within the next three to <br />four years while the streamflow study is completed. Should the study demonstrate that <br />streamflows are likely to drop below ewca minimums in the future due to diversions by <br />District contractees under this plan or by other junior appropriators, the aWCD will cease <br />issuing contracts until it has developed terms and conditions to protect the Board's in- <br />stream flow rights. <br /> <br />15 <br />