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<br />, <br /> <br />- 2- <br /> <br />Applicant chose instead to pursue what appears to be a less dependable supply for augmentation and <br />has requested that the Board consider the attached proposal for Iniury Accepted with Mitigation. . <br />Please see the attached proposal from the Applicant. <br /> <br />Pursuant to Rule 9.43, Injury Accepted with Mitigation is a two-meeting process. This would be the <br />first meeting in this process. <br /> <br />Stafrs Analvsis of the Current Proposal <br />Based on the information presented in the current proposal, the Staff has a nwnber of concems about <br />the proposal. The Applicant's proposed augmentation plan may not replace depletion in the time, <br />place, and amount to protect against injury to the Board's instream flow water rights on the Blue <br />River. <br /> <br />1) The augmentation water from the Blue Danube Ditch No.2 may not replace the <br />depletions in the same time. The Applicant's inside uses will deplete the Blue River year <br />round, however, the augmentation source has traditionally only been used in the irrigation <br />season. The Blue Danube Ditch No.2 water cannot provide replacement of the <br />Applicant's domestic uses during eight months of the year (Case Nos. W-3442 and <br />93CW241(A)). Because of this timing concern, the Applicant's augmentation plan may <br />injure the CWCB instream right on the Blue River during non-irrigation months. <br /> <br />2) The augmentation water from Blue Danube Ditch No.2 may not replace depletion in the <br />same location. The Blue Danube Ditch No.2 is located downstream of where the <br />Applicant's water depletions impact the Blue River. In addition, it is possible that . <br />subsequent to the release of the Applicant's augmentation water, junior users may divert <br />said water. Without proof of delivery, there is no assurance that injury would not occur if <br />the proposed augmentation plan were put in place. <br /> <br />3) The Applicant has failed to propose any mitigation measures to preserve or improve .the <br />environment in compensation for the aforementioned injury. . <br /> <br />4) The Applicant can purchase water from either the Summit County Users pool or from the <br />Vidler Water Company at reasonable rates. For example, the Staffhas attached a copy of <br />the Summit County rates for inclusion of different uses within Summit County. The Staff <br />recognizes that the Summit County Users pool is not available for irrigation for more <br />than 2500 square feet ofIandscaping; however, this Board could piecemeal together an <br />injury with mitigation plan whereby the Applicant would utilize the Blue Danube credits <br />for depletions during the irrigation season, and the Applicant would use the Summit <br />County User pool water for non-irrigation season depletions. Summit County Staff has <br />indicated that they would accept such a piecemeal approach to resolving this water user's <br />issues. <br /> <br />Staff Recommendation <br /> <br />As stated above, injury with mitigation is a two-meeting process. At the first meeting, the Board <br />may "conduct a preliminary review of the pretrial resolution during any regularly scheduled meeting . <br />to determine whether the natural environment could be preserved to a reasonable degree with the <br /> <br />Flood Protection. Water Project Planning and Finance. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />