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r ; e - e CWCB Members January 21, 1998 Page 3 may increase municipal demands, it may also increase the frequency of shortages, thus adversely affecting the ISF right. It is therefore, staff's conclusion that even though strearnflows are typically higher than the instream flow requirements, an agreement with Aspen will provide assurance that the ISF right is more frequently met. By this agreement, Aspen will commit to not depriving the ISF right through its current or future diversions. Effects of Removal of Castle Creek from De Minimis Rule Staff has investigated potential consequences of exempting Castle Creek and Conundrum Creek from the De Minimis Rule and does not expect any serious impact on future development. Maps and other information were obtained from the Pitkin County Assessors' Office to review development opportunity within the Castle Creek and Conundrum Creek drainage basin. The land ownership within the Castle Creek and Conundrum Creek drainage basin consists of Forest Service land, mining claims, Ski area, and individual parcels. The White River National Forest owns the vast majority of the land in the basin. A review of the private lands indicates that the basin provides little development opportunity. Most private lands are old mining claims that are located at high elevations, generally above 9000 feet. Currently, Pitkin County has adopted a policy that encourages the owners the mining claims to transfer their development rights in an effort to limit development within the mining claim areas. The County also has a policy that any new development must be on a minimum of 10 acres. As for individual homes or cabins, because maintenance of/awn and garden is very limited at high elevation, the owners of such homes would most likely rely on "household use only" wells, which are exempt from administration. Since the Board has appropriated the Castle Creek instream flow right (1976), there are only two De Minimis cases in the De Minimis database (with a cumulative impact of 0.25%). Consequently, it does not a;;pear :hat exempting Castle Creek and Conundrum Creek from the De Minimis rule would prevent development in the area Exempting Castle Creek and Conundrum Creek from the De Minimis rule assists Aspen in administration and monitoring of the ISF right on Castle Creek. Aspen, in the process of providing water to augment the ISF on Castle Creek, does not wish to augment the uses of other water users. By authorizing Aspen to act as the Board's agent, the Board would allow Aspen to place a call on the stream before making water available for the maintenance of the ISF right on Castle Creek. Based on the Office of the State Engineer's records (Attaclunent D), the majority of junior water rights are tributary ponds and springs. These rights are generally in priority in spring and early summer, when the Castle Creek streamflows are usually high according to a recent estimate by Enartech, Inc. (Attaclunent E). Therefore, staff does not expect a significant curtailment of junior diversions when Castle Creek is strictly administered. Staff Recommendation Staff recommends that the Board ratifY the attached intergovernmental agreement and authorize the Director to sign the agreement on the Board's behalf. Staff also recommends that the Board exempt Castle Creek and Conundrum Creek from its De Minimis Rule, pursuant to Rules and Regulations Concerning the Colorado Instream Flow and Natural Lake Level Program, Rule 9.33.