BOARD02200

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

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Evaluation of R2CROSS Hydraulic Model: Staff is working on a study to evaluate the
accuracy of the R2CROSS hydraulic model we use to develop instream flow recommendations.
In response to criticism about the limitations of the R2CROSS model, staff performed a literature
search and found two variable roughness fOl1l'lulae that might be used to improve the existing
hydraulic model. Staff have programmed these equations into the R2CROSS modei and plan to
compare the modeled stage discharge relation5hips from the equations against empirically
derived stage discharge relationships at existing stream gaging stations. The results of this study
should help the staff determine whether the existing constant roughness hydraulic model is
performing adequately or the model would benefit from a variable roughness coefficient.

We are also planning on sending Greg Espregt'en to the University of Utah this spring to take
courses to learn about other models being used to make instream flow recommendations.

Water Quality Issues: The Water Quality Colltrol Commission (wQCC) scheduled two
hearings to consider motions in response to an appeal filed by Trout Unlimited (TV) and
Colorado Wild (CI) regarding the Section 401 Certification issued to Dundee Realty USA, Inc.
(Dundee) for snowmaking activities at the Arapahoe Basin Ski Area.

The first hearing took place on Feb. 13,2001. 'The second hearing was scheduled for April 9.
However, following deliberations on Feb. 13, the WQCC, by a 6to 2 vote, granted Dundee's
motion to dismiss.

This controversy arose because the provisions of the Clean Water Act (CW A) require states to
certify that projects requiring federal permits will not impair state water quality standards. State
law authorizes the Water Quality Division (WQCD) to certify, conditionally certify, or deny
certification for projects needing a federal pern1it without impairing the exercise of water rights.

Dundee applied for a CW A Section 404 permit to discharge dredged and fill material into the
North Fork of the Snake River in Summit COUIlty. After working with the Forest Service for
four years to address some issues, the WQCD issued a 401 certification last November.

The WQCD's certification prompted TU and CW to file an appeal with the WQCC, requesting
for a stay of Section 40 I certification. TU argned that Dundee's snowmaking activities would
adverseiy effect the fishery, due to a loss of spawning habitat, and perhaps increased over-winter
fish mortality. CW, on the other hand, expressed concerns for a stretch of the main stem Snake
River that is polluted as a result of mining activities in the area. CW claimed that Dundee's
diversion would reduce dilution flow in the Snake River.

In response, Dundee filled a motion to dismiss the appeal. Dundee argned it is not responsible for
the clean up of ongoing pollution caused by third parties as a condition of the 40 I Certification.
Furthermore, requiring Dundee to provide dilution flows to offset increases in pollution in the
Snake River during snowmaking diversion would impair the exercise of Dundee's water right.

TU and CW have filed a complaint in state district court on Mar. 15 challenging that WQCD
order and its underlying certification. They may also file a complaint in federal court.
Meanwhile, the Corps of Engineers still needs to issue its Section 404 permit before Dundee
could go forward with construction of its diversion structures on the North Fork Snake River.

ISF Workshop: We held our annual Instream Flow planning workshop in Denver on Feb. 27.
The results of our discussion will be presented at the Board meeting.

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