BOARD01013

• Board Meeting Date: 7/26/2006
• Description: ISF Section - Injury with Mitigation Proposal - Basalt Water Conservancy District - Case Nos. 5-01CW305 and 02CW077
• Board Meetings - Doc Type: Memo

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2. Case No. 02CW77 ("Umbrella Plan")

. This plan will cover water users who have obtained or will obtain a water allotment
contract wi1h the District subsequent to December 31, 2004, and also would allow
covered water users to continue to divert and use water indoors during an ISF call.
. The proposed mitigation includes all of the elements described above for Case No.
01CW305, plus:
. The District, in consultation with the Division of Water Resources and CWCB staff, will
conduct a comprehensive streamflow investigation of the Critical Reach to better define
the likelihood, frequency and duration during which stream flows could drop below 1he
CWCB's decreed ISF amounts.
. The study
o will use historic streamflow records from the gage on the Roaring Fork River near
Emma, state diversion records, climatic data, aerial photography, resource
mapping, and information available from the gage that will be installed in the
Critical Reach, and
o is expected to take three to four years to complete and will include a minimum of
three years of data from the new gage.
. During the streamflow investigation period, the District would continue to issue contracts
that would be limited to a maximum depletion of 0.25 cfs to the Critical Reach.

The District proposes that if the study finds that CWCB calls in the Critical Reach are
"probable" (defined as being expected to occur on a frequency of I year in 50 or more), the
District would immediately cease issuing water allotment contracts in the Critical Reach until it
obtains augmentation water sufficient to protect the Board's ISF in the Critical Reach and water
court approval of the use of such augmentation water under the re1ained jurisdiction provision of
its decrees. The District further proposes that if CWCB calls are found to be probable and the
District adjusts its plans for augmentation as described above, the District, at its discretion, can
elect to cease its annual contributions to 0 & M payments associated with the gage located in the
Critical Reach.

If the study finds that CWCB calls in the Critical Reach are improbable (defined as expected to
occur on a frequency of I year in 51 or less), the District would continue to operate its
augmentation plans consistent with the conditions agreed to with the CWCB under this proposal
for Case No. 02CW77, including the water conservation measures outlined in the mitigation plan
and the continuation of in-house uses during a CWCB call for the ISF.

Staffs Analvsis of the Proposal
The District's plans for augmentation will replace out-of-priori1y depletions in time, place and
amount to prevent injury 10 the Board's ISF water rights on the Fryingpan and Roaring Fork
Rivers, except for the out-of-priority depletions on the Critical Reach of the Roaring Fork River
that is the subject of this proposal. Staff will negotia1e fully protective terms and conditions that
will apply to the other po1entially affected ISF water rights to include in the stipulations and
decrees in both cases.

This proposal will enable the District to finalize plans for augmentation that will provide
replacement water to numerous water users. By committing 10 (I) participate in the installation,
operation and maintenance of a stream gage, (2) closely monitor flows on the Roaring Fork

Flood Protection. Water Projt.'Ct Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation Planning