BOARD01013 - Laserfiche WebLink

Home Browse Search

, .. .). - 5 - . River and (3) require its contractees to implement water conservation measures and curtail outdoor uses when flows drop to specified levels, the District will minimize the potential for injury to the ISF water right in the Critical Reach. Further, the installation of the gage on the critical reach of the Roaring Fork River by the CWCB and the financing of 0 & M of the gage by the District and other local entities will result in more effective administration and protection of numerous water rights in the area, including the CWCB's instream flow water rights. Staff, the Division of Water Resources and the Attorney General's Office still are discussing whether the Board's agreement to accept injury resulting from the District's plans for augmentation will constitute a selective subordination if the Board places a call for the affected Roaring Fork River ISF water right. There are junior water users on the critical reach of the Roaring Fork River operating under other augmentation plans that the Division Engineer would administer if the Board called for its ISF water right. The DWR will enforce a selective subordination if the water court approves it and makes it part of a decree. In Division 5, to obtain water court approval, an applicant must provide resume notice of a proposed selective subordination. The District has indicated that it will republish its application to provide such notice if necessary. Staff will discuss this issue more fully with the Board at the Board meeting. Mark Uppendahl of the Division of Wildlife will be available at the Board meeting to give input on and answer questions about the biological aspects of the proposal. . Staff Recommendation As stated above, injury with mitigation is a two-meeting process. At the first meeting, the Board made a preliminary determination that the natural environment of the Roaring Fork River could be preserved to a reasonable degree with the proposed injury or interference if the District provided the proposed mitigation. At this second meeting, the Board may take final action to ratify, refuse to ratify or ratify with additional conditions. Staff recommends that the Board: Staff recommends that the Board: I) Make a final determination that the natural environment of the subject reach of the Roaring Fork River could be preserved to a reasonable degree with the proposed injury or interference if applicant provided the proposed mitigation. 2) Authorize staff and the Attorney General's Office to enter into a stipulation with the District implementing the injury with mitigation proposal, provided 1hat the parties have addressed the selective subordination question to the satisfaction ofthe Division Engineer. Attachments . Flood Protection. Water Project Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation Plarming