BOARD02111

• Board Meeting Date: 5/16/2006
• Description: CWCB - Director's Report
• Board Meetings - Doc Type: Memo

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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."
StatThas resolved issues of potential injury in the following water court cases and authorized the Attorney
General's Office to enter into stipulations that protect the CWCB's water rights:

(1) Case No. 5-99CW243: Appncation of Kummer Development Corporation

The Board ratified this statement of opposition at its January 2000 meeting. The Board's main objective in
filing the statement of opposition in this case was to ensure that the Applicant's plan for augmentation and
exchange would not injure the Board's instream flow water rights on Brush Creek and the Eagle River. Staff,
in cooperation with the Attorney General's Office, has negotiated a settlement to ensure that the CWCB's
instream flow water rights will not be injured.
The Board holds the following instream flow ("ISF") water rights that could have been injured by this
r ti

appnca on:
CWCB Case Stream/Lake Amount Approp. Date Watershed County
No. (cfs)
5-77W3625 Brush Creek 12 07/27/1977 Eagle Eagle
5-80CW124 Eagle River 130 / 50 03/17/1980 Eagle Eagle

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The CWCB and the Applicant have agreed to the entry of a decree that will prevent injury to the Board's
ISF water rights on Brush Creek and the Eagle River. The Applicant has agreed to the following terms
and conditions:
. In connection with the diversion of water under the junior priority water storage rights for the
Golf Course Pond A-J, at any time when the streamflow of Brush Creek or Eagle River
(downstream from the diversion points for these water rights) is less than the amounts decreed to
the CWCB in Case Nos. 77CW3625 and 8OCWI24 or to otherwise satisfy a valid senior call
downstream on Brush Creek. Applicant agrees to either (I) curtail its diversions, or (2) replace
the depletions in time and amount, upstream from the place where the depletions impact the river
system.

. In connection with the diversion of water under the junior priority water rights for the Golf
Course Ponds A-J and the accompanying augmentation plan, the Applicant recognizes that
releases from Wolford Mountain Reservoir or Ruedi Reservoir will be unable to replace the
depletions at the place where they occur which may cause injury to the CWCB's in stream flow
water rights on the Eagle River and on Brush Creek or a valid senior call downstream on Brush
Creek. Moreover, in connection with the diversion of water under the junior priority water rights
for the Golf Course Ponds A-J and the accompanying augmentation plan, the Applicant
recognizes that releases from Eagle Park Reservoir will be unable to replace the depletions at the
place where they occur which may cause injury to the CWCB's instream flow water rights on
Brush Creek or a valid senior right downstream on Brush Creek. Therefore, at any time when the
streamflow of Brush Creek or Eagle River (downstream from the diversion points for these water
rights) is less than the amounts decreed to the CWCB in Case Nos. 77CW3625 and 80 CWl24 or
there is a valid senior call downstream on Brush Creek, Applicant agrees to either (l) curtail the
diversions into these junior ponds. or (2) replace the depletions in time and amount, upstream
from the place where the depletions impact the river system.

With regard to the Applicant's junior appropriative rights of exchange (from Wolford Mountain
Reservoir to the Matheny Tabor Ditch, Ruedi Reservoir to the Matheny Tabor Ditch, and from
Eagle Park Reservoir to the Matheny Tabor Ditch), the Applicant agrees not to operate these
exchanges if the CWCB's instream flow water rights or V'illid senior water rights downstream on
Brush Creek, in the entire exchange reach are not satisfied.

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