BOARD02312

• Board Meeting Date: 11/19/2001
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Section 9.41 of the ISF Rules states that:

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Stream and Lake ProtectIon Program
Summary of Resolv~d Cases

"In the event the pretrial resolution includes terms and conditions preventing injury or interference and does not
involve a modification, or acceptance of injury 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."

Staff has resolved issues of potential injury in the following water court case and authorized the Attorney General's
Office to enter into stipulations that protect the CWCB' s water rights:

(1) Case No. 5-00CW307; Richard Butera

The Board ratified the statement of opposition filed in this case at its March 26-27, 2000, meeting. The Board has
instream flow water rights on Castle Creek and the Roaring Fork River that may be injured by this application. The
Board's main objective in filing a statement of opposition in this case was to prevent the Applicant from diverting water
out-of-priority at the new junior points of diversion or running its jUnior exchange at times when the Board's instream flow
rights on Tenmile Creek, the Fraser River, and Colorado Riv~r are not being satisfied. The Staff, in cooperation with the
Attorney General's Office, has negotiated a settlement that fulIy prqtects the Board's instream flow water rights.

Applicant proposes to divert water from new junior wells lmd for a new junior storage right, from sources that are
tributary to Castle Creek and the Roaring Fork River. Applica.nt has both on sight and off site augmentation sources.

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

Case No.
5-76W2947
5-76W2948
5-85CW646
5-85CW639

Stream
Castle Creek
Roaring Fork River
Roaring Fork River
Roaring Fork River

Amount (o[s) Aooropriation Date
12

11/14/1976
6/14/1976
11/8/1985
11/8/1985

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55 (4/1-9/30) 30 (10/1-3/31).
145 (4/1-9/30 75 (10/1-3/31)'

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

. Applicant recognizes that its water storage rights for the Butera Pond and its direct flow rights for the Butera
Feeder Ditch, are junior to the CWCB's above-referenced vv-ater rights.
. When the above-referenced instream flow water rights are not being satisfied, Applicant will curtail all of his out-
of-priority diversions from the well or replace all out-of-pribrity depletions with releases from the Butera Pond.
. Pursuanno ~37-92-502(5), Applicant shall install, maintain and monitor at locations determined by the Division
Engineer, and at Applicant's expense, such measuring devices deemed necessary by the Division Engineer to
administer the terms of this decree.

(2) Case No. 5-98CW311; Grand Elk Partners, LLC

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The Board ratified these statements of opposition filed ip this case at its March 29-30, 1999, meeting. The Board
has instream flow water rights on Tenmile Creek, the Fraser River, and the Colorado River that may be injured by this
application. The Board's main objective in filing a statement oti opposition in this case was to prevent the Applicant from
diverting water out-of-priority at the new junior points of diversion, and prevent the Applicant from operating its junior
exchange at times when the Board's instream flow rights on Tenmile Creek, the Fraser River and the Colorado River are
not being satisfied. The Staff, in cooperation with the Attorne.y General's Office, has negotiated a settlement that fullYa
protects the Board's instream flow water rights.: ' _

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