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<br />" <br /> <br />-4- <br /> <br />If flows in the critical reach drop to 58 cfs (3 cfs above the decreed ISF amount), the District will <br />issue a directive to all of its contractees in the upper Roaring Fork basin to curtail all outdoor . <br />lawn, garden, and open space irrigation and aesthetic/piscatorial pond filling, and will enforce <br />the curtailment. <br /> <br />Staff's Analvsis of the ProDosal <br />The District's plans for augmentation will replace out-of-priority depletions in time, place and <br />amount to prevent injury to the Board's ISF water rights on the Fryingpan and Roaring Fork <br />Rivers, except for the out-of-priority depletions on the critical reach of the Roaring Fork River <br />that is the subject of this proposal. Staff is negotiating fully protective terms and conditions to <br />include in its stipulations with the District and the District's decrees that will apply to the other <br />potentially affected ISF water rights. <br /> <br />This proposal will enable the District to finalize plans for augmentation that will provide <br />replacement water to numerous water users. By committing to closely monitor flows on the <br />Roaring Fork River and to require its contractees to implement water conservation measures and <br />curtail outdoor uses when flows drop to specified levels, the District will minimize the potential <br />for injury to the subject ISF water right. In light of the District's inability to obtain an affordable <br />source of augmentation water upstream of the subject reach of the Roaring Fork River and the <br />probable infrequency ofirtiury to the ISF, Staff believes that this proposal is reasonable. <br /> <br />One issue that has arisen in Staffs review of the proposal and discussions with the DWR is that <br />the Board's agreement to accept injury resulting from the District's plans for augmentation will <br />constitute a selective subordination if the Board places a call for the affected Roaring Fork River . <br />ISF water right. There are junior water users on the critical reach of the Roaring Fork River <br />operating under other augmentation plans that the Division Engineer would administer if the <br />Board called for its ISF water right. The DWR will enforce a selective subordination ifthe water <br />court approves it and makes it part of a decree. However, a recent Division 5 water court ruling <br />established the requirement that an applicant provide resume notice of a proposed selective <br />subordination. At its September 13 board meeting, the District board will consider whether to <br />amend and republish its water court applications to meet this requirement if the Board approves <br />staffs recommendation on September 14, 2005. <br /> <br />The Division of Wildlife is in the process of reviewing this injury with mitigation proposal and <br />will be available at the Board meeting to comment on and answer questions about the biological <br />aspects of the proposal. <br /> <br />Staff Recommendation <br />As stated above, injury with mitigation is a two-meeting process. At the first meeting, the Board <br />may conduct a preliminary review of the pretrial resolution to determine whether the natural <br />environment could be preserved to a reasonable degree with the proposed injury or interference <br />if applicant provided mitigation. At a subsequent meeting, the Board may take final action to <br />ratify, refuse to ratify or ratify with additional conditions. <br /> <br />Staff recommends that the Board: <br /> <br />. <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />