BOARD01778

• Board Meeting Date: 11/20/2000
• Description: Directors' Reports
• Board Meetings - Doc Type: Memo

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Director's Report Attachment - November 20-21, 2000, Board Meeting
Stream and Lake Protection Program
Summary of Resolved Cases

Section 9.41 of the ISF Rules states that:

"In the event the pretrial resolution includes terms and conditions preventing injury or interference and
does not involve a modification, or acceptance of injury or interference with mitigation, the Board is not
required to review and ratify the pretrial resoltttion. Staff may authorize its counsel to sign any court documents
necessary to finalize this type of pretrial resolution without Board ratification."

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Staff has resolved issues of potential injury in the following water court case and authorized the Attorney
General's Office to enter into stipulations that protect the CWCB' s water rights:

(1) Case No. 4-99CW192; Sunnyside Development Co., L.C. and Sunnyside Associates L.C.

The Board ratified the statement of opposition filed in this case at its January 26-27, 2000, meeting. The
Board has instream flow water rights on the San Miguel River that may be injured by this application. The
Board's main objective in filing a statement of opposition in this case was to prevent the Applicant from making
out-of-priority diversions at times when the Board's in stream flow rights on the San Miguel River are not being
satisfied. The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that fully
protects the Board's instream flow water rights. Appliclmt proposes to appropriate water by junior diversions from
infiltration galleries and wells. Applicant also seeks junior water storage rights in several ponds. Applicant seeks
to make out-of-priority diversions, and replace these depletions with water stored in priority into the ponds. The
augmentation source is upstream from where the depletions will affect the San Miguel River.

_ The Board holds instream flow rights on the SaIl Miguel River for 6.5 cfs and for 20 cfs, which could be
., injured by this application:

Applicant has agreed to the following terms and conditions that will provide full protection for the
Board's instream flow water rights on the San Miguel River:

. Applicant will only make out-of-priority diversions when the CWCB's affected instream flow water
rights are satisfied or when the Applicant is replacing its depletions in time, amount, and location.

. Pursuant to !i37-92-502(5), Applicant shall install, maintain and monitor at locations determined by the
Division Engineer and at Applicant's expense such measuring devices deemed necessary by the Division
Engineer to administer the terms of this decree.

(2) Case No. 7-98CW65; East Fork Ranch

The Board ratified the statement of opposition filed in this case at its March 29-30, 1999, meeting. The
Board has instream flow water rights on the East Fork of the San Juan River and on Silver Creek that may be
injured by this application. The Board's main objective in filing a statement of opposition in this case was to
prevent the Applicant from diverting water at the new upstream point of diversion at times when the Board's
instream flow rights are not being satisfied. The Staff, in cooperation with the Attorney General's Office, has
negotiated a settlement that fully protects the Board's instream flow water rights. Applicant proposes to change the
point of diversion from a diversion point on the East Fork of the San Juan River, upstream to a diversion point on
Silver Creek.

The Board holds instream flow water rights on the East Fork of the San Juan River for 12/6 cfs and on
Silver Creek for 2 cfs, which could be injured by this application.

Applicant has agreed to the following terms and conditions that will provide full protection for the
Board's instream flow water rights on the East Fork of the San Juan River and on Silver Creek: