BOARD02415

• Board Meeting Date: 3/20/2000
• Description: Directors' Reports
• Board Meetings - Doc Type: Memo

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Director's Report Attachment - September 27-28,1999, Board Meeting
Stream and Lake Protection Program
Summary of Resolved Cases

Section 9.41 of the ISF Rules states that:

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"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. 1-97CW380; Beaver Brook Residences

Application Summary

The Board ratified the statement of opposition filed in this case at its March 10-11, 1998,
meeting. This is an application for a plan of augmentation and exchange on Beaver Brook and
Soda Creek near Floyd Hill in Jefferson County (see attached map). Applicant has an existing
commercial well, right to store water in Soda Creek Pond and Beaver Brook Residences Pond,
and the Arduser DitchlVidler Tunnel water rights. Applicant seeks the right to divert water out-
of-priority on a year-round basis from the existing well and six new wells on Beaver Brook and
to store water out of priority in Soda Creek Pond and Beaver Brook Residences Pond. Applicant
proposes to augment out-of-priority diversions with either release of water from the two ponds or
with release of water via the Vidler Tunnel.

The Board has the following instream flow appropriations which could be injured by this
application:

Case No.

Stream

Beaver Brook
Beaver Brook
Soda Creek

Amount (cfs)

0.5/0.25
1.5/1.0
1

Approp. Date

12/11/1987
12/11/1987
12/11/1987

82CW272
82CW272
82CW286

Stipulation

Applicant has agreed to the following terms and conditions, which will provide full
protection for the Board's instream flow water rights on Beaver Brook and Soda Creek.

Exchanges shall be made only under live stream conditions and at times when the ISF
water rights are satisfied.

At times when the streamflow of Beaver Brook within the affected stream reach are
inadequate to meet the requirements of the relevant ISF water rights, replacement releases shall
be made from Beaver Brook Residences Pond, provided that such replacement releases for the
benefit of the foregoing instream flows do not need to be made for diversions from the Dickinson

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