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<br />requirement to upgmde its existing gauge at th~ diversion so that accumte data is a <br />reported on stream flow in Snowmass Creek imp1ediately below the diversion ,., <br />structure. <br /> <br />II. ISSUE PRESENTED BY THIS PETITION <br /> <br />The District asserts a right to withdraw water from Snowmass Creek to the full <br />extent of its 6 cfs water right, subject only to a ~rovision in a private, side agreement <br />with Pitkin County. The side agreement requi~s a "survival flow," which the District <br />and County regard as 4 cfs. During an emerge1'),cy (a term the side agreement does <br />not define), the District asserts the right to dep(ete the stream even below the 4 cfs <br />level. No bypass flow condition is contained in the ~ 404 permit The Cotps has <br />stated that in gmnting the permit, it relied uport the side agreements to protect the <br />environment. Petitioners request that the Cotps reexamine and modify the District's <br />permit because a bypass flow of 4 cfs is inadequate to protect the public interest in <br />the resources of Snowmass Creek, and in fact ep.dangers the viability of those <br />resources. The Cotps has authority to modify the existing permit pursuant to <br />Geneml Condition "I" of the permit and 33 C.F,R. ~ 325.7. <br /> <br />III. HISTORY OF PERMIT ISSUANCE AND PRIOR MODIFICATION <br /> <br />A Permit Issuartce, 1978 <br /> <br />On January 10,1978, the District appliedito the Cotps fora ~ 404 permit, <br />authorizing construction of a concrete diversiort stmcture for municipal pwposes on <br />Snowmass Creek in Pitkin County, Colomdo. The District built the diversion dam <br />on private land within the White River National Forest, about 1.5 miles downstream <br />from the Maroon Bells Wlldemess. From the diversion point, water is pwnped out of <br />the Snowmas$ Creek dminage to the Brosh Creek drainage for use in and around <br />Snowmass Village, a resort community established in 1977 at the base of the <br />Snowmass Ski Area. . <br /> <br />e <br /> <br />As issued in 1978, the permit (Ex. 1)3 cOlltained no conditions requiring the <br />bypass of minimwn instream flows. The District's water right was senior to public <br />instream flows appropriated in 1976 and decreed to the CWCB in 1980. The permit <br />did, however, expressly seek to protect the trout fishery in Snowmass Creek by <br />requiring a fish ladder on the diversion structure and screening on the intake <br />structure. <br /> <br />3 Exhibits (denoted as "Ex.") to this petition are contained in a sepamte bound <br />volwne submitted with this petition. . <br /> <br />3 <br /> <br />e <br />