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<br />'-, <br />) <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />fAX: (303) 866,4474 <br /> <br />STATE OF COLOMDO <br /> <br />~,:. <br />. " <br />, <br /> <br />L <br /> <br />" <br /> <br />MEMORANDUM <br /> <br />Roy Romer <br />Governor <br /> <br />To: <br /> <br />Colorado Water Conservation Board Members <br /> <br />JilmesS lochhe(lu <br />Executive Director, DNR <br />D<lries C lile, PE. <br />Director, eWeB <br /> <br />From: Chuck Lile Qr .'i? _ . <-- <br />Peter Evans "{Vt<-V <br /> <br />Date: January 20, 1997 <br /> <br />Re: Agenda Item #19, January 29-30, 1997 Board Meeting-- <br />Endangered Fish Recovery ISF Water Rights Application - Strategy Concerns <br />Raised by Certain Water Users <br /> <br />Since your iast meeting, we have received several indications of concern within <br />the water community concerning the endangered fish recovery instrearn flow water right <br />applications pending in Water Divisions 5 and 6. Although we do not sense that the <br />Board's commitment to pursue these water right applications have changed, we do feel <br />that these concerns warrant discussion with you. Therefore, we have attached copies of <br />letters from Scott Balcomb, Jim Hokit, and Tom Eggert; we have invited these and <br />several other water community representatives to discuss related concerns which may not <br />lend themselves to resolution within the ordinary confines of the pending water court <br />proceedings. Mr, Eggert, however, was not reelected to the Board of Commissioners for <br />Arapahoe County and the County has requested 30 days to review its position. Several <br />related memos prepared by Eric Kuhn and a list of the objectors in the two cases are also <br />attached for your information. <br /> <br />RECOMMENDATION <br />We recommend proceeding with the water court adjudication of the water right <br />applications in accordance with the Board's decision of December 13, 1995. It is our <br />understanding that the Board acknowledged many unresolved issues at that time, when <br />you instructed us to file the applications and to resolve those issues in the course of the <br />adjudication process with the objectors. However, to withdraw these applications or to <br />suspend our efforts to adjudicate them could be detrimental to our efforts to assure that <br />the Recovery Program can continue to provide a "reasonable and prudent alternatives" in <br />future section 7 consultations for Colorado water projects. <br /> <br />Attachments <br />CC: Recovery Program Director <br />Recovery Program Management Committee <br /> <br />C:\MyDocuments\RlP ISF Issues BdMem.doc <br />L:\BoardmemVan97\19.doc <br />