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<br />, <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />- 3 - <br /> <br />the Improvements. S.G. Company intends to replace the evaporative losses under its proposed <br />augmentation plan and is in the process of quantifYing its depletions and augmentation requirements. <br /> <br />Colorado Division of Wildlife Evaluation of Proposal <br />CWCB and Colorado Division of Wildlife ("CDOW") staff members have visited the site and have <br />met with S.G. Company's representatives to discuss this proposal. The CDOW has evaluated the <br />stream habitat improvement structures on the Blue River and believes that the structures, including <br />the Oxbow fishery channel, significantly improve the physical condition of the stream channel and <br />increase the biological potential of the subject reach of the Blue River. Based on the amount of <br />stream habitat improvements completed, the documented increase in the fish biomass and the low <br />frequency with which the Board's instream flow amounts will be impacted, the CDOW recommends <br />that the CWCB approve the attached proposed flow-sharing agreement and mitigation plan. The <br />CDOW's analysis and recommendation is attached as Exhibit C. <br /> <br />StaWs Analvsis of the Proposal <br />Staff, the Attorney General's Office and S.G. Company have negotiated proposed terms and <br />conditions related to the injury with mitigation proposal that are attached hereto as Exhibit D. Staff <br />anticipates that, after further refinement of the language, the parties will incorporate the terms and <br />conditions into a stipulation and the resulting water court decree, along with standard protective <br />terms and conditions related to the other aspects ofS.G. Company's application. Staff has reviewed <br />the Blue River Agreementsl and consulted with the Division of Water Resources regarding whether <br />those Agreements contain any provisions that could be adversely impacted by the CWCB's <br />acceptance of S.G. Company's injury with mitigation proposal. Based upon its review and <br />consultation, Staff has concluded that no such adverse impacts will result from the proposal. <br /> <br />Based upon a review of Western Water Consulting, Inc.'s estimated Blue River flows above Green <br />Mountain Reservoir, it appears that the Board's ISF is met or exceeded more than 95% of the time <br />and that the times during which the parties will actually need to share flows as provided in the <br />agreement will be minimal. Further, S.G. Company's improvements to the physical channel of the <br />Blue River and enhancement of the aquatic habitat, including the ability of fish to migrate back and <br />forth between the Blue River and the Oxbow fishery channel, appear to support the conclusion that <br />the natural environment of the Blue River in the Oxbow Reach can continue to be preserved to a <br />reasonable degree under the flow-sharing agreement as a result of the mitigation provided by S.G. <br />Company. <br /> <br />I The DNR and CWCB entered into the Blue River Agreements in the late 1980's with Summit County and several <br />towns and ski areas to mitigate impacts associated with upstream exchanges of water from Green Mountain Reservoir. <br />The Agreements allowed the Board to move forward with ISF decrees to provide reasonable preservation of the natural <br />environment, and allowed a certain level of future water development in the upper and lower Blue River Basins. <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Comervation Plarming <br />