BOARD02094

• Board Meeting Date: 1/23/2002
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Stream and Lake Prqtectlon Program
Summary of Re~olved Cases

Section 9.41 of the ISF Rules states that:

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"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 resolution, Staff may authorize its counsel to sign any court documents necessary to finalize this type
of pretrial resolution without Board ratification,"

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:

(I) Case No. 1-99CWI99; Centennial Water and Sanltatloit District et al.

The Board ratified the statement of opposition filed in this case at its March 23, 2000, meeting. The Board has instream
flow water rights on Tarryall Creek that may have be injured by this application. The Board's main objective in filing a
statement of opposition in this case was to assure that the Applicant's change of water rights from irrigation uses in South
Park to municipal uses in Centennial would not injure the CWCB's instream flow water right on Tarryall Creek. In
particular, the CWCB sought to have Centennial continue the 'same irrigation retum flow patterns that have historically
occurred, The Staff, in cooperation with the Attorney General' $ Office, has negotiated a settlement that fully protects the
Board's instream flow water rights,

The Board holds the following instream flow rights that could have been injured by this application:

Case No,
1-76W8229

Stream
Tarryall Creek

Amount (cfs)
7

Anpropriation Date
1/14/1976

The Applicant has agreed to the following terms and conditioris that will provide full protection for the Board's e
instream flow water rights on Tarryall Creek:

· The Applicant has agreed to divert enough water into a groundwater retum flow plan facility to replicate non-irrigation
season groundwater retum flows from historical irrigation, The new recharge ditch and pond will be unlined and
maintained so that infiltration of the water into the aquifer underlying the meadow will occur,
· For the first seven years of operation of the recharge facilitie's, the Applicant will maintain eight of the existing
monitoring wells and also take 13 groundwater level measur~ments from each of the monitoring wells, according to
schedule laid out in the decree. In addition, for the first sevep years of operation, the Applicant will install, operate,
and maintain six V -notch weirs for the purpose of monitoring surface water flow within such facilities.
· The Applicant will also install, operate, and collect data froIrt and maintain a gage on Tarryall Creek at Boreas Pass
Road,

(2) Case No. 4-98CW96; John S. Hendricks

The Board ratified the statement of opposition filed in this case at its July 23, 200 I, meeting, The Board has instream flow
water rights on West Creek that could have been injured by ithis application. The Board's main objective in filing a
statement of opposition in this case was to prevent the Applicdnt from diverting water out-of-priority at the new junior
points of diversion, and prevent the Applicant diverting its watet right at an upstream point of diversion at times when the
CWCB's intervening West Creek instream flow was 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.

The Board holds the following instream flow rights that could have been injured by this application:

Case No,
4,77CW3296

Stream
West Creek

Amount (cfs)
6

ApproPriation Date
1/19/1977

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