BOARD02567

• Board Meeting Date: 1/24/2001
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

Director's Report Attachment - November 20-21, 2000, Board Meeting
Stream and Lake Protection Program
Summary of Resolved Cases

Section 9.4l of the ISF Rules 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. 5-99CW094j Hassco Lands, Inc.

The Board ratified the statement of opposition filed in this case at its September 27-28, 1999, meeting. The
Board has instream flow water rights on Pole Creek and on Crooked Creek 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 at the new junior upstream wells, at times when the Board's instream flow rights
are not being satisfied, unless the Applicant could provide sufficient augmentation water in time, location, and
amount. The Staff, in cooperation with the Attorney General's Office, has negotiated a settlement that fully
protects the Board's instream flow water rights.

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

Case No.
5-90CW293
5-90CW293A
5-90CW296

Stream
Pole Creek
Pole Creek
Crooked Creek

Amount (cfs)
3.0/l.5/l.0
3.0/2.0/1.5/1.0
8.0/4.0/2.75

Appropriation Date
ll/27/90
ll/27/90
ll/27/90

Applicant has agreed to the following terms and conditions that will provide full protection for the
Board's instream flow water rights on Pole Creek and Crooked Creek:

· Applicant will construct all wells identified in Case No. 99CW095 with plain casing and an adequate seal to
a depth of l50 feet below the surface of the land where the well is drilled. Thus, the depletions from these
wells will accrue to Crooked Creek downstream of the confluence of Crooked Creek and Pole Creek.
· To the extent that the flow of water in the instream flow reach decreed in Case No. 90CW296 is less than
the decreed amount, the Applicant will replace all depletions associated with diversion from the wells,
identified in Case No. 99CW094, at or upstream of the confluence of Pole creek and Crooked Creek.
· At times when the CWCB's instream flow water right on Crooked Creek, as decreed in Case No. 90CW296,
is not being satisfied, Applicant will not divert water under its junior storage priority being requested in
Case No. 99CW094, for the Meadow Springs Reservoir No.2.
· Pursuant to g37-92-502(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. 5-99CWI72; Town of Avon

The Board ratified this statement of opposition filed in this case at its November 22-23, 2000, meeting. The
Board has instream flow water rights on the Eagle River that may be injured by this application. The Board's
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