BOARD02653

• Board Meeting Date: 9/13/2005
• Description: ISF Section - Injury with Mitigation Proposal - Case Nos. 7-83CW45 and 4-83CW14, US Bureau of Reclamation Paradox Salinity Control Unit
• Board Meetings - Doc Type: Memo

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. sets forth the obligations of Reclamation to:
~ work with the District to ensure that the 700 acre-feet of augmentation water is
available for release eve!)' year
~ operate the Unit in a manner that will maximize environmental benefits to the
Dolores River
~ notify the CWCB of any plans to modify the Unit that may result in a change in
the amount of out-of-priority depletions at the Unit
. provides that the CWCB will not place a call against the Unit for the Dolores River ISF
while the agreement is in effect, except under certain conditions after consultation with
Reclamation, or if Reclamation has augmentation water available for release but does not
release it when requested to do so by the Division Engineer.
. provides that the parties will reevaluate and amend the agreement if necessary in the
event Reclamation develops plans to modify the Paradox Unit in a manner that may
change the amount of out-of-priority depletions at the Unit.

This proposal would allow some inju!)' to the Dolores River instream flow water right, but the
mitigation offered by the Applicant may enable the Board to accept that inju!)' while continuing
to preserve the natural environment of the Dolores River to a reasonable degree. Further, this
proposal will allow both preservation of the natural environment of the Dolores River by the
CWCB and maintenance of the significant environmental benefits realized by the continued
operation of the Paradox Salinity Control Unit.

The Division Engineers for Water Divisions 7 and 4 have reviewed this proposal and find it .
acceptable and administrable. One question that has arisen is whether the Division Engineer can
administer the agreement without Reclamation amending its augmentation plan decree. The
parties believe that amending the decree will not be necessa!)', but Staff has requested the
Attorney General's Office to research this issue. The Colorado Division of Wildlife currently is
reviewing this proposal and will provide its input to staff prior to the second meeting of this
process.

Staff Recommendation
Staff is asking the Board to consider entering into the proposed agreement under lSF Rule 8i. (3)
(Inju!)' Accepted with Mitigation). As stated above, inju!)' with mitigation is a two-meeting
process. At the first meeting, the Board may conduct a preliminary review of the inju!)' with
mitigation proposal to determine whether the natural environment could be preserved to a
reasonable degree with the proposed injury or interference if applicant provided mitigation. At a
subsequent meeting, the Board may take final action to ratifY, refuse to ratify or ratify with
additional conditions.

Staff recommends that the Board:

I) Make the prelimina!)' determination that the natural environment of the Dolores River could
be preserved to a reasonable degree with the proposed inju!)' or interference if applicant
provided the proposed mitigation.
2) Provide comments to Staff on the proposed Memorandum of Agreement.

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Flood Protection. Water Project Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation Planning