BOARD00048 ‎(2)‎

• Board Meeting Date: 9/19/2006
• Description: ISF Section - Contested Instream Flow Appropriation Hearing - Elkhead and Armstrong Creeks
• Board Meetings - Doc Type: Hearings

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BEFORE THE COLORADO WATER CONSERVATION BOARD

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STATE OF COLORADO

Prehearing Statement of Staff of Colorado Water Consen'ation Board

IN THE MATTER OF STAFF'S RECOMMENDATIONS FOR AN INSTREAM FLOW
APPROPRIA nON ON ELKHEAD CREEK, WATER DIVISION 6

Pursuant to Rule 5n.(2) of the Rules Concerning the Colorado Instream Flow and Natural
Lake Level, 2 CCR 408-2 ("I SF Rules"), the Staff of the Colorado Water Conservation Board
("CWCB") hereby submits its prehearing statement in support of Staff s recommendations for
instream flow ("I SF") appropriations on the subject reaches of Elkhead Creek and in the amounts
set forth in the attached Exhibit 1.

A. FACTUAL CLAIMS

1) There is a natural environment that can be preserved on the subject reaches of Elkhead
Creek, based upon field surveys by the Colorado Division of Wildlife ("CDOW"). None of
the Parties to this proceeding have contested the existence of a natural environment on the
subject reaches of Elkhead Creek.

2) The instream flow amounts recommended by Staff for this reach of Elkhead Creek:

a) are based upon standard scientific methodology and an accurate R2Cross analysis;

b) reflect the amount of water available for appropriation as an ISF right; and

c) are required to preserve the natural environment to a reasonable degree.

3) The natural environment on the subject reaches of Elkhead Creek: (a) will be preserved to a
reasonable degree with the proposed ISF water right; and (b) can exist without material
injury to water rights.

4) ISF Rule Th. precludes-the CWCB from claiming injury as a result of the inundation of all or
a portion of an ISF stream reach by any absolute or conditional water right which is senior to
an ISF right.

B. LEGAL CLAIMS

Staff is not submitting legal claims with this prehearing statement, but may submit legal claims
with its rebuttal statement.