Operating Principles of the Will-O-Wisp Metropolitan District
in Order to Minimize Impacts on Aquatic Life in Elk Creek

Will-O-Wisp Metropolitan District, a Colorado Special District,("WOW") is planning to develop its second water right as decreed by the Water Court in Case 81 CW 144. Since the source of this water is Elk Creek, WOW desires to minimize impacts on naturally occurring aquatic life in this creek. Accordingly, WOW agrees to perform the following:

  1. WOW will install and maintain stream flow monitoring immediately above the diversion point.

  2. WOW will measure stream flow weekly — between noon and 2 PM each Wednesday (unless that is a holiday, in which case it is the day after said holiday).

  3. Based upon data from the stream flow measurements whenever a weekly measurement is at or below 2.1 c.f.s., WOW will, starting the next day, commence daily stream flow measurements between noon and 2 PM.

  4. Once stream flow measurements fall below 1 c.f.s., WOW will implement a drought plan to minimize impacts to Elk Creek flows. This plan will include but not be limited to reducing diversions, especially when WOW tap-demand is low, and taking advantage of increased flows in Elk Creek when possible. This plan will specifically require WOW to limit its diversions from Elk Creek in accordance with the amounts set forth in Table 1, attached hereto and incorporated herein by reference to the terms of these Operating Principles.

  5. Whenever WOW must curtail its diversions pursuant to Paragraph 4 above, it will utilize other WOW District water sources including stored water and its wells.

  6. After WOW has curtailed its diversions as required in Paragraph 4 above, and it has used its legally and physically available stored water, and it has used a minimum of 35 acre-feet of water from its wells, and so long as WOW has instituted water conservation measures within the District, then WOW will be allowed to begin diverting up to 0.3 cfs from the stream at its Glasman No. 2 Ditch diversion point as necessary to maintain sufficient drinking water and fire flows until the stream reaches 1.0 cfs or greater.

  7. If WOW builds or helps build one or more off stream reservoirs which were approved through the Park County 1041 process, the restrictions in Paragraph 4 and Table 1 may be amended or eliminated to the extent the new 1041 permit addresses impacts to Elk Creek.

  8. In addition to the reductions in diversions required in Paragraph 4 above, WOW agrees to limit its diversions when the stream flow measurements are between 1.1 c.f.s. and 2.8 c.f.s. as set forth in the attached Table 1 and this Paragraph 8. Specifically, when the stream flow is measured at 1.1 to 2.0 c.f.s., WOW will not divert more than 0.4 c.f.s. from Elk Creek. When the stream flow is measured at 2.1 to 2.8 c.f.s., WOW will not divert more than 0.4 c.f.s. unless any diversion greater than 0.4 c.f.s. is diverted to storage for subsequent use as drinking water, fire suppression and similar municipal uses.

Table 1

Stream flow (c.f.s..)

Maximum Diversion Flow Rate as per the above Principles (c.fs.)

Net Stream Flow After Diversion (c.f.s.)

2.9 c.f.s. or greater

0.70 c.f.s.

2.2 c.f.s. or greater

2.1- 2.8 c.f.s.

0.40 c.f.s.*

1.4 c.f.s. or greater

1.1-2.0 c.f.s.

0.40 c.f.s.

0.7 c.f.s. or greater

1.0 c.f.s.

0.33 c.f.s.

0.67 c.f.s.

0.9

0.30 c.f.s.

0.60 c.f.s.

0.8

0.24 c.f.s.

0.56 c.f.s.

0.7

0.21 c.f.s.

0.49 c.f.s.

0.6 c.f.s.

0.18 c.f.s.

0.42 c.f.s.

0.5 c.f.s.

0.15 c.f.s.

0.35 c.f.s.

0.4 c.f.s.

0.00 c.f.s.

Full amount

0.3 c.f.s.

0.00 c.f.s.

Full amount

0.2 c.f.s.

0.00 c.f.s.

Full amount

 

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