BOARD02603

• Board Meeting Date: 11/15/2005
• Description: ISF Section - Injury with Mitigation - Case No. 1-04CW323, Application of EMJ Squaw Pass, LLC
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board
Department of Natural Resources
1313 Sh...rDldI1 SIn'd, Room 721
IJtonv~'r,Col'lr.lJllHO'2ln
Phone: (103)1'066-3-1-\\
FAX: (303)866-+174
www.cwCb.~t..Jtl'.cO_U~

MEMORANDUM

BillO......11-~
UW"Jll('or

To: Colorado Water Conservation Board Members

Rus....1l Gt'llTg"
E:u'CUtlVt"Oill'Ctllr

From: Dan Merriman and Linda Bassi
Stream and Lake Protection Section

Ro..l Kuh.Jrich
CWCB DlTl.'Ctor

Date: November 4. 2005

Rid. Brown
AclingDt>puty
Dil1'Ctvr

Rc: A~enda No. 19. Nonmber 15~16. 2005 Board Meeting: E!\IJ SqU3"" Pass. LtC;
(Case No. 1-0~C\V32J) - Injur~' with !\litigation Proposal

This agenda item addresses a proposed pretrial resolution under ISF Rule 8i. (3) (Injury
Accepted with Mitigation). This is the first meeting of the two-meeting process required by Rule
8i,(3),

Backefound
In Case No, I,04CW323. EMJ Squaw Pass. LLC ('"EMf') has applied for a plan for
augmentation and conditional appropriative right of exchange to rcpll.lce depictions from
sno,...,naking and domestic water uses at Echo Mountain. a winter skiing and snowboard park
located within the Warren Gulch watershed. tributary to Clear Creek. approximately 4.0 miles
south of Idaho Springs. (See vicinity map attached hereto). EMJ plans to open the park in latc
Dccember 2005 or early 2006. Water supplies for Echo l\1ountain will originate from a series of
ground water wells and two on-site ponds totaling 5.5 acre fect (AF) in capacity. The ponds will
be filled by the wells and will operate together to provide the necessary snowmaking and
domestic water supply. Under the plan for augmentation. EMJ proposes to utilize a combination
of trans basin \vater (Vidler Tunnel), non-tributary water (Henderson Mine) and both on-site and
off-site storage to replace expected stream depletions. In addition to thc plan for augmentation,
EMJ has requested the State Engineer to approve a temporary Substitute Water Supply Plan
(SWSP) for the 2005/2006 operations,

The CWCB liIcd a statement of opposition to the above-refercnced water court application due
to potential injury to instream flow water rights in the area. The ISF water rights that could be
impacted by these applications are listed below:

Col(lr.lJll W,lh'rCofl.-"ot'rvallon Bo.\.uJ
Flo,...! PWf,...:tKm . \\".lh,'r Supply Pl.d.nning .md FII'l.l.ncl.' . Stn"dm.md Ldk... Prol..'Cti.....n
W.lIn Suppl)" Pn>t..'Ctil.m . COf\..,.,rv.llll."n.rnd Drought PLmmng