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<br />. <br /> <br />4.0 INJURY WITH MITIGATION <br /> <br />To help ensure the reliability of the BWCD's Operating Plan, it seeks the cooperation of <br />the CWCB. Specifically, it is requesting the CWCB to accept injury with mitigation if <br />streamflows unexpectedly drop below CWCB minimums while the BWCD is operating its <br />Roaring Fork River exchange. The mitigation offered by the BWCD consists of the <br />following. <br /> <br />1. <br /> <br />The BWCD will work cooperatively with the Division 5 Engineer and District 38 <br />Water Commissioner to help ensure prompt and efficient administration of the <br />upper Roaring Fork River, particularly during dry year conditions. The goal of this <br />mitigation effort is to prevent out-of-priority diversion of water under priorities <br />junior to the CWCB and BWCD water rights. Such out-of-priority diversions <br />occurred during the 2002 dry year (see September 30, 2004, RESOURCE letter, <br />attached). The BWCD will support the Division Engineer by periodically <br />measuring the streamflow of the Roaring Fork River in the critical reach located <br />just upstream of Basalt, Colorado (see NO.2 below for more detail). <br /> <br />. <br /> <br />2. The BWCD will periodically measure the streamflow of the Roaring Fork River <br />within the critical reach during dry year conditions. The purpose of the <br />measurements is to identify periods that streamflows approach CWCB <br />minimums. This will help ensure efficient administration of the river as described <br />in No. 1 above and help trigger further mitigation effort as described in No. 3 <br />below. <br /> <br />For purposes of the Mitigation Plan, a dry year is defined as one that occurs on a <br />recurrence interval of 1 year in 10 or greater. It will be defined by analyzing April <br />1 snowpack data available from multiple NRCS SNOTEL sites located in the <br />Upper Roaring Fork basins. Specifically, the snowpack water equivalent of NRCS <br />sites at Independence Pass, Ivanhoe, and Kiln will be retrieved and analyzed <br />shortly after April 1 each year. If statistical analyses of the data suggest that it will . <br /> <br />6 <br />