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<br />. <br /> <br />Jennifer Gimbel, Esq, <br />December 14, 1998 <br />Page 2 <br /> <br />1. The Raw Water Booster Pump was constructed at great expense by the Upper <br />Eagle Regional Water Authority, in part, for the very purpose of preserving <br />instream flows on the Eagle River by providing an alternative downstream point <br />of municipal diversion that is virtually coterminous \\ith the municipal outfall. <br />Thus, when instream flows on the Eagle River become critical, the stream reach <br />between municipal diversions and return flows can essentially be eliminated. <br /> <br />2, ' The staff's position allowing for no impact to this 150 foot stream reach would <br />require the Authority's diversion point to be located do\\nstream of its effluent <br />discharge point. It is unlikely that the Authority would have gone to the expense <br />of constructing the Raw Water Booster Pump under such conditions. <br /> <br />3. Consistent with the purpose of locating the Raw Water Booster Pump in its <br />current location, the Board has historically stipulated that its instream flow rights <br />will not be injured if depletions are replaced and if municipal diversions are <br />moved downstream to the Raw Water Booster Pump, whenever flows are <br />insufficient to satisfy the Board's water rights. This approach recognizes that the <br />diversion point and the point of return flow are essentially identical. <br /> <br />. <br /> <br />4, <br /> <br />The reach between the Raw Water Booster Pump and the Avon Wastewater <br />Treatment Plant outfall is approximately 150 feet (the precise distance will be <br />measured prior to the Board meeting). A diversion structure for the Terrell & <br />Ford Ditch exists in this reach, forming a large pool of water which encompasses <br />most of the 150 foot stream reach. Thus, any reduction in the volume of flows in <br />this short reach as a result of the proposed stipulation will not impact the existing <br />aquatic enviro=ent, <br /> <br />5. Historically, diversions under the subject senior irrigation water rights dewatered <br />a large portion of the Eagle River, with irrigation return flows occurring to the <br />Eagle River downstream over considerable distance. The present plan eliminates <br />much of this historic impact to the Eagle River by (i) reducing diversions from <br />historic agricultural amounts to lesser municipal diversions, and (ii) moving the <br />diversion point downstream to the Raw Water Booster Pump whenever instream <br />flows are insufficient to satisfy the Board's water rights. As a result of this <br />stipulation, there is a considerable benefit to approximately 2 miles of the Eagle <br />River by shifting historic depletions downstream, and by limiting any potential <br />impacts to a stream reach of about 150 feet. <br /> <br />. <br /> <br />sbO;t1 <br />