BOARD01164

• Board Meeting Date: 3/21/2006
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Pond System water rights. Applicant shall not divert from the Bell Pump and Pipeline at times when
such diversion would reduce the flow of the Roaring Fork River below the amooots decreed to the
above-referenced instream flow water rights. Also, at times when said instream flow water rights are .
not satisfied, Applicant shall release water from the Bell Augmentation Pond to offset out-of-priority
depletions from evaporation from the Bell Pond System. Provided, however, that this paragraph
shall not be construed as imposing upon Applicant any additional monitoring or measlD'elllent
obligations or require Applicant to install any additional streamflow measurement devices beyond
that required pursuant to paragraph 16 of this decree.
. The decree contains standard measuring device and reporting language (paragraph 16) and provides
that the State Engineer shall curtail all out-of-priority diversions, the depletions from which are not
so replaced as to prevent injury to vested water rights.

December 2005 Water Court Resume Review Process: After reviewing all the water court resume
notices published in December 2005, Staff reviewed approximately 28 water court applications filed in
December 2005 that potentially could injure instream flow water rights. Based upon that review, Staff
filed statements of opposition to 17 applications, identified in the March 2006 consent agenda.
Additionally, Staff was able to achieve protection of the Board's ISF water rights without filing
statements of opposition in five cases. This approach conserves the time and resources of all interested
parties and the water court. Staff discussed its concerns with the applicants' attomeys, and obtained
letters from those attorneys on behalf of their clients agreeing to include in their decrees the following
types of protective language to prevent injury to the Board's ISF water rights:

. In an application for an exchange, will include a term and condition specifYing the priority date of
the exchange (jooior to the potentially affected instream flow water right) and stating that the
exchange only will be operated when in priority.
. In an application for an alternate point of diversion, will include a term and condition stating that
(1) diversions at the alternate points will be limited to that amooot of water legally and physically .
available at the original points of diversion; and (2) applicant will not operate the alternate point
of diversion in a manner that will cause injury to specified instream flow water rights.
. In an application to enlarge Black Lakes, applicant agreed to attach and incorporate a copy of the
Jooe 23, 2005 MOA between the applicant and the Colorado Dept. of Natural Resources
regarding Black Lakes to ensure that decree is consistent with the terms ofthe MOA.
. In an application for a plan for augmentation, will include a term and condition stating that at
times a specified instream flow water right is not being met, during the month of April when
historic consumptive use credits are not available to replace out-of-priority depletions, applicant
will curtail its out-of-priority diversions (winter depletions are de minimis).
. In an application for a plan for augmentation including exchange, will include tenns and
conditions (I) stating that if the on-site augmentation pond is not constructed, or ifa sufficient
amooot of augmentation water cannot be released from the pond to prevent injury to calling water
rights, applicant will curtail its out-of-priority diversions; (2) identifying the priority date of the
exchange, acknowledging that it is jooior to specified instream flow water rights, and agreeing to
not operate the exchange when the instream flow water rights are not being met; and (3) stating
that applicant will replace all out-of-priority diversions in time, place and amount, or curtail those
diversions.

For each case, the applicant will provide the CWCB staff with copies of all proposed decrees so that staff
can ensure that the agreed upon language is included.

ISF Intern Program: For many years, the Stream and Lake Protection Section has operated a successful
internship program to educate and recruit persons interested in instream flows and Colorado water issues,

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