BOARD02200

• Board Meeting Date: 3/26/2001
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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Stream and Lake Protection Program
Summary ofResoived Cases
March 2001

Section 9.41 of the ISF Rules states that:

"In the event the pretrial resolution includes terms and conditions preventing injury or
interference and does not involve a modifi<;ation, or acceptance ofi11iury 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."
Staffhas resoived issues of potential injury in the following water court case and authorized the
Attorney General's Office to enter into stipulations that protect the CWeB's water rights:

(1) Case No. 5-00CW83; Upper Eagle Regional Water Authority

The Board ratified the statement of opposition filed in this case at its September 25-26, 2000,
meeting. The Board has instream flow water rights on the Eagle River that may have been
injured by this application. The Board's main objective in filing a statement of opposition in this
case was to prevent the Applicant from making diversions at the aitemate point of diversion, at
times when the Board's instream.flow rights are not being satisfied, in excess of the amount of
water physically and legally available at the original point of diversion and to prevent the
Applicant from expanding its water rights. 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 be injured by this
application:

Case No.
5-80CW126
5-80CW134

Stream
Eagle River
Eagle River

Amount ( cfs) Appropriation Date
llO (5/1-9/30) 45(10/1-4/30) 3/17/80
85 (4/1-9/30)35 (10/1-3/31) 3/17/80

Applicant has agreed to the following terms and conditions that will provide full protection for
the Board's instream flow water rights on the Eagle River:

· Applicant will limit diversions at the alternate points of diversion to those times when water
is physically and legally available at the original diversion points.
· Applicant withdrew portions of the proposed decree that would have expanded it water
rights.

(2) Case No. 5-00CW48; Eagle County Water and Sanitation District

The Board ratified the statement of opposition filed in this case at its July 24-25,2000, meeting.
The Board has instream flow water rights on Gore Creek and the Eagle River that may have been
injured by this application. The Board's main objective in filing a statement of opposition in this