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jo ., I'!" - 2 - CWCB Case Stream/Lake A mount Approp. Watershed County No. ds Date e 1-87CW275 Little Bear Creek 1 12/11187 Clear Creek Clear Creek 1-87CW274 Soda Creek 1 12/11187 Clear Creek Clear Creek 1-87CW276 West Clear Creek 11/5 12/11187 Clear Creek Clear Creek The Little Bear Creek and Soda Creek ISF water rights are located downstream of Echo Mountain and above Soda Creek's confluence with Clear Creek. Part of EMJ's replacement sources are directly tributary to Clear Creek and will not reach Soda Creek or Little Bear Creek. While the wells that serve Echo Mountain are considered tributary to Clear Creek, the stream depletions will be lagged due to the depth and distance of the wells from the streams. EMJ projects that its annual diversions of 35 acre-feet will result in a stream depletion of 2.9 acre-feet per month, which represents a continuous flow of22 gallons per minute or 0.048 cfs. Iniury with Mitie:ation Proposal To the extent that some or all of the projected depletions from the Echo Mountain wells will accrue to the Little Bear Creek and Soda Creek ISF reaches, EMJ proposes to implement a mitigation plan designed to improve the water quality of Little Bear Creek and lower Soda Creek. The proposed mitigation plan, prepared by Resource Engineering, Inc., is attached hereto. Little Bear Creek has been heavily impacted by the county road adjacent to the Creek (see photos in attached mitigation plan). At several points, sediment from the road directly enters the Creek, adversely impacting the aquatic habitat. To mitigate injury to Little Bear Creek e and Soda Creek, EMJ proposes to pave an approximately % mile portion of the county road adjacent to Little Bear Creek, which will reduce a major source of sediment loading to both Little Bear Creek and Soda Creek. The paving project would extend from the confluence of Little Bear Creek with Soda Creek up to a point just above the confluence of Little Bear Creek with Warren Gulch. (Depletions from the Echo Mountain wells would impact Little Bear Creek starting at its confluence with Warren Gulch). Staff's Analvsis of the Proposal CWCB and DOW staff members inspected the reach of Little Bear Creek from the confluence with Warren Gulch down to the confluence with Soda Creek, and observed many points where sediment enters the Creek. Because the Creek is very narrow, it appears that the best method of improving the aquatic habitat is to reduce the sediment load in the Creek. EMJ's proposal would allow some injury to the Little Bear Creek and Soda Creek ISF water rights, but the mitigation offered by EMJ may enable the Board to accept that injury while continuing to preserve the natural environment of Little Bear Creek and Soda Creek to a reasonable degree. Therefore, Staff is asking the Board to consider resolving this case under ISF Rule 8i. (3) (Injury Accepted with Mitigation). e;