consent_1m

• Board Meeting Date: 3/18/2008
• Description: ISF Section – Consent Agenda – Case No. 5-07CW256, Application of Clear W Ranch, LLC
• Board Meetings - Doc Type: Memo

Consent Agenda Item l.m
Case No. 5-07CW256: Application of Clear W Ranch, LLC
Application Summary
This is an application for surface water right, storage water right, and appro~~al of a plan for
augmentation in Pitkin County near Snowmass. Applicant seeks a conditional surface water right
for McKenzie Wildcat Ditch-Clear W Enlargement for 2 cfs with an appropriation date of
September 15, 2007. Applicant proposes to use this water to fill and refill Clear W Pond Nos. 1 and
2 for irrigation, piscatorial, recreation and augmentation. Applicant also seeks a conditional surface
water right for Clear W Pond Nos. 1 and 2 for 18 acre-feet and 8 acre-feet, respecti~~ely, with an
appropriation date of September 15, 2007. Applicant proposes to use the water as a supplemental
source to irrigate 80 acres. Other uses of stored water include fire protection, piscatorial, wildlife
watering, recreation, aesthetic. Applicant further seeks appro~~al of a plan for augmentation to
provide replacement water for out-of-priority evaporation from Clear W Pond Nos. 1 and 2. The
sources of augmentation include Green Mountain and Ruedi Reservoirs, as well as a combination
of consumptive use credits from the dry up of 5 acres of historically irrigated land by the
McKenzie-Wildcat Ditch and releases of water from Clear W Pond No. 2.
(The application has not requested a change of use of the McKenzie-Wildcat Ditch water rights,
nor has it sought augmentation as a use for Clear W Pond 2.)
CWCB Appropriation
The CWCB holds the following instream flow water rights that could be injured by this
application:
CWCB
Case No. Stream/Lake Amount
cfs Approp.
Date Watershed County
5-76W2943A Snowmass Creek 7-12 1/14/76 Roarin Fork River Pitkin
5-76W2943B Snowmass Creek 12/11 1/14/76 Roarin Fork River Pitkin
5-92CW280 Snowmass Creek 3 9/15/85 Roarin Fork River Pitkin
5-92CW281 Snowmass Creek 10.5 9/15/85 Roarin Fork River Pitkin
5-85CW646 Roaring Fork
River 55/30 11/8/85 Roaring Fork River Pitkin, Eagle
5-85CW639 Roaring Fork
River 145/75 11/8/85 Roaring Fork River Pitkin, Eagle,
Garfield
Potential for Injury
Applicant's proposed operations, including a potential change of the McKenzie-Wildcat Ditch
water rights, could result in an expansion of use that may injure the Board's instream flow water
rights on Snowmass Creek and the Roaring Fork River. Applicant's proposed plan for
augmentation may injure the Board's instream flow water rights on Snowmass Creek and the
Roaring Fork Ri~~er by not replacing depletions in time, amount and location.
Other Objectors
Snowmass Water and Sanitation District, Michael B. and Jane D. Eisner, Lazy-O Ranch
Homeowners Association, Inc., McKenzie-Wildcat Ditch Company and Wildcat Ranch Association
also filed Statements of Opposition to this application.