BOARD02463

• Board Meeting Date: 3/22/2005
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Stream and Lake Protection Program
Summary of Resolved Cases

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The Board's ISF Rule 8i. states that:

"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. 5-02CW354; William and Gail Braun
The Board ratified this statement of opposition at its March 2003 meeting. The Board's main objective in
filing the statement of opposition in this case was to ensure that the Applicants would replace injurious
depletions in time, place, and amount under their proposed plan for augmentation. The Staff, in cooperation
with the Attorney General's Office, has negotiated a settlement to ensure that the CWCB's instream flow
water rights will not be injured.

The Board holds the folIowing instream flow rights that could have been injured by these applications:

Case No. Stream Amount (cfs) Appropriation Date

5-76W2938 Woody Creek 6 01/14/76
5-85CW646 Roaring Fork River 55/30 11/08/85
5-85CW639 Roaring Fork River 145/75 11/08/85

Applicants seek two absolute surface water rights on Little Woody Creek and Woody Creek as well as
four absolute storage rights for piscatorial and aesthetic uses. Applicants have contracted with the Basalt
Water Conservancy District to replace stream depletions associated with evaporative losses from the ponds.
All sources of augmentation provided by the Basalt Water Conservancy District (which include Green
Mountain and Ruedi Reservoirs) are located downstream of the ponds and the diversion points. The CWCB
and the Applicants have agreed to the entry of a decree that will prevent injury to the Board's ISF water
rights on Woody Creek and the Roaring Fork River. The Applicants have agreed to the folIowing terms
and conditions:

. The Applicants acknowledge the Braun Pond Ditch, Barn Ditch, Upper Braun Pond, Lower Braun
Pond, Barn Pond, Lower Braun Beaver Pond, and Upper Braun Beaver Pond are all junior to the
CWCB's instream flow water rights on Woody Creek, as decreed in Case No. 5-76W2938, and
the Roaring Fork River, as decreed in Case Nos. 5-85CW646 and 5-85Cw639, and as such, the
Applicants will curtail diversions at those structures at times when the CWCB's instream flow
water rights on Woody Creek and the Roaring Fork River are not being satisfied, or the Applicants
will augment the depletions from these junior diversions, in time and amount, upstream from
where the depletions impact Woody Creek and the Roaring Fork River.

.

(2) Case No. 5-03CW300; James Hunting
The Board ratified this statement of opposition at its March 2004 meeting. The Board's main objective in
filing a statement of opposition in this case was to ensure that the Applicant would replace injurious
depletions in time, place, and amount under his proposed plan for augmentation. The Staff, in cooperation .
with the Attorney General's Office, has negotiated a settlement that ensures that the CWCB's instream flow
water rights will not be injured.