BOARD02010

• Board Meeting Date: 9/24/2001
• Description: Snowmass Water and Sanitation District 404 Permit
• Board Meetings - Doc Type: Memo

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B. Permit Modification, 1995

The District sought and obtained II permit amendment in 1995 when it added
snowmaking at the Snowmass Ski Area as a pwpose to which the diverted water
could be put. Ex. 9. Prior to that time, the permit had allowed diversion on
Snowmass Creek only for municipal uses. The amended permit contained a special
condition curtailing the diversion for snowmaking for three weeks during a one-in-
ten-year low flow event in order to protect the fishery in Snowmass Creek. As part of
the modification process, the Corps notified the District that "as we advised you in
our February 3, 1995 letter, your permit is subject to future modification in
consideration of the public interest." June 16, 1995 letter from Art Champ, Corps, to
Richard Wall, District.

IV. HISTORY OF CWCB's INSTREAM FLOW PROTECTION ON SNOWMASS
CREEK

In January, 1976, the CWCB detem:1ined that continuous flows of a minimum
of 12 cfs of water year-round on Snowmass Creek were necessary to meet the
Colorado statutory standard of preserving the natural environment to a reasonable
degree. Consistent with that determination, the Board initiated an appropriation and
made application in the water court, Water Division No.5, to perfect its claim of the
right to appropriate 12 cfs on Snowmass Creek. On June 5, 1980, the water judge
decreed the right.

In 1991, the Aspen Skiing Company (Ski Company) operator of the Snowmass
Ski Area, began an effort to obtain additional water for snowmaking. Pitkin County
inquired of the CWCB about its experience dealing with instream flow issues relating
to snowmaking. This led to the Board's reexamination of the 12 cfs instream flow
right and of the so-called "survival flow."

As part of that reexamination, Jay Skinner, the Instream Flow Coordinator for
the Division of Wlldlife, specifically investigated the origins and basis for the 4 cfs
"survival flow" on Snowmass Creek. Mr. Skinner searched DOW files and CWCB
files in vain for a scientific or biological rationale for the 4 cfs figure. He wrote in a
memo to the CWCB on February 20, 1992 (Ex. 10):

. . . I was uncomfortable with the 4 cfs number in that I was not able to
figure out how or why it was developed in the first place.

Mr. Skinner's search found only the May 24, 1978, letter(Ex. 5) from Mr. Helton.
Skinner concluded that "the consultation with the DOW referenced in the letter must

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