BOARD01277

• Board Meeting Date: 1/27/1999
• Description: ISF Section - Proposed Injury with Mitigation/Modification - Case No. 5-97CW306, EMD LLC et. Al.
• Board Meetings - Doc Type: Memo

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Colorado \iVater Conservation Board
Department of Natural Resources
721 Centennial Building
1313 Sher,nan Stre(~
Denver, Colorado 8020J
Phone: [phone]
FAX: (3D3) 866-44i4

Bill Owens
Governor

Greg E. Walcher
Executive Director, DNR

TO:

CWCB Members

Peter H. Evans
Acting Director, eWeB

FROM: Dan Merriman
Greg Espegren

DATE: January 21,1999

SUBJECT: Agenda Item 7a, January 27-28,1999, Board Meeting--
Instreanl Flow Program - Proposed Injury With MitigationIModification
Case No, 5-97CW306; EMD 1.1.C, et. al.

Background
The Board ratified the Statement of Opposition filed in this case at its March 10-11, 1998,
meeting, This is an application for conditional water rights, conditional storage rights, change of
water rights, and approvai of plan for augmentation on the Eagle River near Eagle-Vail in Eagle
County (see attached map), Applicants seek two 3,6 cfs, junior conditional water rights at the
Metcalf Headgate and Raw Water Booster Pump and two junior conditional storage rights
totaling 27 acre-feet. Applicants also propose to change approximately 252 acre-feet of historic
irrigation consumptive use credits to year-round uses and to change the decreed points of
diversion of those historic irrigation rights to several alternate points of diversion including the
Metcalf Headgate and Raw Water Booster Pump, Applicant's proposed plan for augmentation
would replace out-of-priority depletions at the above-referenced alternate points of diversion
either by direct replacement during the historic irrigation season or by releases of water stored in
on-site ponds or Eagle Park Reservoir during the non-irrigation season.

The Board holds an instream flow appropriation for 85 cfs, summer, and 35 cfs, winter, on the
Eagle River with an appropriation date of March 17, 1980, which could be injured by this
application,

Current Status
The CWCB staff has met with the Applicant's engineer and attorney on several occasions to
discuss resolution of this case, Pursuant to Section 9.41 of the CWCB's Rules and Regulations,
staff has offered a stipulated settlement that it believes will provide full protection to the Board's
Eagle River instream flow water rights, Staff s stipulation also allows the Applicants to fully
utilize their senior historic irrigation rights for the new uses during the historic irrigation season
without regard to the Board's Eagle River instream flow water right, provided that the new uses