BOARD01855

• Board Meeting Date: 5/21/2001
• Description: ISF Section - Litigation Settlement Proposal - Town of Breckenridge - Case No. 5-97CW283
• Board Meetings - Doc Type: Memo

,.

-I

.

.

.

Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Streett Room 721
Denver. Colorado 60203
Phone: [phone]
FAX, [phone]
WlNw.cwcb.state.co.us

STATE OF COLORADO

Q

26

MEMORANDUM

TO: CWCB Members

Sl/IOwens
Governor

Greg E, Wakher
Executive Director

Rod Kuharlch
eweB Dime-tor

Datl McAuljffe
Deputy Di((!ctor

FROM: Dan Merriman
Ted Kowalski
Greg Espegren

DATE: May 9, 2001

RE: Agenda Item 13, May 22-23, 2000 Board Meeting -
Stream and Lake Protection - Litigation Settlement Proposa1-
Town of Breckenridge - Case No. 5-97CW283

Backl!'round'
The Application by the Town of Breckenridge involves the adjudication of an existing
year-round diversion from an unnamed tributary of Miners Creek into North Barton
Gulch (see attached map). North Barton Gulch is tributary to the Upper Blue River; it
enters the Blue River several hundred feet upstream from the CWCB's upper Blue River
instream flow water right. This water rightis decreed for 20 cfs (5/1-10/31) and 10 cfs
(1 J/1-4/30). The CWCB also has instream flow water rights on Miners Creek for 1.5 cfs
year round, and on a lower segment of the Blue River for 32 cfs (5/1- 10/:31) and 16 cfs
(1 J/1-4/30). Both the Blue River and Miners Creek empty into Dillon Reservoir.

In the Application, the Town claimed a 1997 adjudication date and a 1910 appropriation
date for mining, irrigation, and other uses. The Town sought to exchange the water
diverted from Miners Creek into North Barton Gulch up the Blue River to the Goose
Pasture Tarn regardless of whether the CWCB's instream flow water rights on Miners
Creek or on the two ISF reaches of the Blue River are being met. The Town claims that
because the existing diversion was an existing practice at the time the Board appropriated
its Miners Creek instream flow water right, that the Board's Miners Creek instream flow
water right is subject to the Towns Miners Creek diversion pursuant to Section 37-92-
I02(3)(b). The Town's application also requested a new appropriation from the
mainstem of Miners Creek to North Batton Gulch. In 1999, the Town requested that the
Board modify its appropriation on Miners Creek which would have allowed the Town to
divert more often under this new appropriation. The CWeB Staff conducted some initial
investigatioJ,ls into a modification. The Board, after reviewing those investigations,
elected not to pursue a modification, and requested that the Staff continue to explore
settlement options with the Town.

Flood Protectlon. Water Project Planning and Financing. Stream and lake Protection
Water Supply Protection. Conservation Planning