BOARD01665

• Board Meeting Date: 3/22/2005
• Description: ISF Section - Table Rock Properties, LLC ‎(Case No. 5-03CW331)‎ - Injury with Mitigation Proposal
• Board Meetings - Doc Type: Memo

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ST A TE OF COLORADO

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Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

To: Colorado Water Conservation Board Members

From: Dan Merriman and Linda Bassi M'

Date: March 10,2005

Russell George
Executive Director

Rod Kuharich
CWCB Director

Re:

Agenda No.8, March 22-23, 2005 Board Meeting: Table Rock
Properties, LLC (Case No. 5-03CW331) -- Injury with Miti~ation Proposal

Dan McAuliffe
Deputy Director

This agenda item addresses a proposed pretrial resolution under ISF Rule 8i. (3) (Injury Accepted
with Mitigation).. Rule 8i.(3) requires the Board to consider an injury with mitigation proposal using
a two-meeting process. This is the first meeting of this process.

. Backeround

Table Rock Properties, LLC's application seeks storage rights, surface water rights, a change of
water rights, and a plan for augmentation including exchange, all in connection with the Applicant's
Fish Habitat Project located within the Table Rock Ranch on Rock Creek near Wolcott, Colorado.
The Board entered a statement of opposition to this application because the exercise of the proposed
rights could adversely impact the Board's instream flow water right on Rock Creek, decreed in Case
No. 77W3624 for 10 cfs year round from Rock Creek's confluence with Gore Creek to the
confluence with the Colorado River. (See map at page 4 ofthis memo). The Applicant has proposed
a flow-sharing agreement with the CWCB that would result in flows in Rock Creek below 10 cfs at
times, but would maximize the benefits of the Fish Habitat Project, which are described below.

This proposal would allow some injury to the Rock Creek instream flow water right, but the
mitigation offered by the Applicant may enable the Board to accept that injury while continuing to
preserve the natural environment of Rock Creek to a reasonable degree. Therefore, Staff is asking
the Board to consider resolving this case under ISF Rule 8i. (3) (Injury Accepted with Mitigation).

CWCB and Colorado Division of Wildlife ("CDOW") Staff have visited the site and have met with
the Applicant's representatives to discuss this settlement proposal. The reach of Rock Creek subject
to the proposal begins Y. mile upstream of the confluence of Rock and Egeria Creeks and extends to
the lower Table Rock Ranch property boundary, a distance of approximately 2.3 miles.

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Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning