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<br />.. <br /> <br />e <br /> <br />e <br /> <br />e <br /> <br />ATTACHMENTS TO THE DIRECTOR'S <br />REPORT (4C) <br />Stream and Lake Protection Program <br />Summary of Resolved Cases <br /> <br />Section 9.41 of the ISF Rules states that: <br /> <br />"In the event the pretrial resolution includes terms and conditions preventing injury or interference and does not <br />involve a modification, or acceptance of injury or interference with mitigation, the Board is not required to review <br />and ratifY the pretrial resolution. Staff may authorize its counsel to sign any court documents necessary to fmalize <br />this type of pretrial resolution without Board ratification." <br /> <br />Staff has resolved issues of potential injury in the following water court case and authorized the Attorney <br />General's Office to enter into stipulations that protect the CWCB's water rights: <br /> <br />(1) Case No. 4-00CWI28; Irby Ranches, LLC and Charles Irby <br /> <br />The Board timely filed a statement of opposition to this application that appeared in the August 2000 <br />resume. The Referee entered a ruling that did not address the Board's concerns, and the Board <br />subsequently protested the Referee's ruling, Shortly after the entry of the Board's protest, the Referee <br />entered an amended ruling that addressed the Board concerns. The Board has instream flow water rights <br />on Agate Creek and Tomichi that could have been injured by this application. The Board's main <br />objective in filing a statement of opposition in this case was to prevent the Applicant from diverting water at <br />the upstream alternate point of diversion at times when the Board's instream flow rights on Agate Creek and <br />Tomichi Creek are not being satisfied, The Staff, in cooperation with the Attorney General's Office, has <br />assured that the ruling of the referee addresses this concern, <br /> <br />Applicant proposes to divert water from its original diversion point on Tomichi Creek at an upstream <br />alternate point of diversion on Agate Creek. The Board holds the following instream flow rights that could <br />be injured by this application: <br /> <br />Case No. <br />4-80CW1l4 <br />4-80CW132 <br /> <br />Stream <br />Agate Creek <br />Tomichi Creek <br /> <br />Alllount ( cfs) <br />1.0 <br />9,0 <br /> <br />Ap1>ropriation Date <br />3/17/1980 <br />3/17/1980 <br /> <br />Applicant has agreed to the following tenus and conditions that will provide full protection for the <br />Board's instream flow water rights on Agate Crelek and Tomichi Creek <br /> <br />· Applicant will only divert water its upstream alternate point of diversion on Agate Creek when the <br />CWCB's instream flows on Agate Creek and Tomichi Creek, identified above, upstream from the <br />original point of diversion, are satisfied, or if the applicant provides adequate augmentation water at <br />or above the location where the depletions impact the river system, <br />· Applicant will only divert at its upstream alternate point of diversion on Agate Creek when water is <br />physically and legally available at the original point of diversion, <br /> <br />(2) Case No. 5-00CW229; Stahl, Inc. <br /> <br />The Board ratified the statement of opposition filed in this case at its March 26-27, 2000, meeting, The <br />Board has instream flow water rights on the Blue River that may be injured by this application, The <br />Board's main objective in filing a statement of opposition in this case was to prevent the Applicant from <br />diverting water out of priority at the new junior points of diversion at times when the Board's instream flow <br />rights on the Blue River are not being satisfied. The Staff, in cooperation with the Attorney General's <br />Office, has negotiated a settlement that fully protects the Board's instream flow water rights, <br />