BOARD02170

• Board Meeting Date: 3/20/2000
• Description: ISF Section - Authorization to Proceed to Trail
• Board Meetings - Doc Type: Memo

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Consent Agenda Item 4-4(b)
Case No. 1-97CWI95; City of Lafayette

Introduction

The Board ratified the statement of opposition filed in this case at its September 22, 1997, meeting.
The Board has several instream flow water rights on Boulder Creek and South Boulder Creek
that may be injured by this application. The Board's main objective in filing a statement of
opposition in this case was to refrain the Applicant from diverting water at upstream alternate
points of diversion at times when the Board's instream flow rights are not being satisfied. Staff, in
cooperation with the Attorney General's Office, is currently negotiating a settlement that would
fully protect the Board's instream flow water rights. However, the trial is set for May 22, 2000,
therefore, staff is requesting authorization to proceed to trail, in case a stipulation is not reached
before the trial.

Case Summary and Description of the Board's Water Rights

Applicant proposes to transfer direct flow water decreed to the Lower Boulder Reservoir and Ditch
Company and storage water decreed to Baseline Land and Reservoir Company from irrigation to
municipal purposes.

Applicant seeks to change type and place of use of water attributable to its shares of Baseline
Reservoir; however, it is not seeking to change the points of diversion or place of storage for its
Baseline Reservoir storage rights. Applicant is also seeking to change the type and place of use of
water attributable to its shares in the Lower Boulder Ditch. In addition to the historic point of
diversion, Applicant proposes to divert direct flow water rights at several upstream points of
diversion. Also when not needed for immediate use, Applicant proposes to store water in one of
several reservoirs (see attached map). Because the proposed municipal uses of these water rights
will result in greater return flows to the stream system than occurred from the historic irrigation use
of water, Applicant is requesting the right to reuse and successively use to extinction that portion of
its municipal return flows that exceed historic return flows. Applicant proposes a maximum rate of
exchange of 8 cfs with a June 30, 1997 priority for its excess return flows. Applicant does not seek
to exchange return flows that result from municipal lawn irrigation.

The Board holds the following instream flow rights which could be injured by this application:

Case No.
1-74W7636
l-79CW308
1-90CW193
l-80CW379
1-80CW379

Stream
Boulder Creek
Boulder Creek
Boulder Creek
South Boulder Creek
South Boulder Creek

Appropriation Date
10/1/73
6/1/1862
Various
12/2/80
12/2/80

Amount (cfs)
15
I
Various Donations
15/6
15/2