BOARD00088 ‎(2)‎

• Board Meeting Date: 11/14/2006
• Description: WSP Section and ISF Section - Arkansas River ISF Appropriation
• Board Meetings - Doc Type: Hearings

David J. Galli
City Ma~"

. Douglas M. Pitzgendd
A.ui~ltuf' City MtIIfQSl.,.

~~g~

One City Hall Place
Pueblo, Colorado 81003

Phone [phone]
Fax [phone]

Office of the City Manager

January 19, 2006

VIA FACSIMILE & U.S. MAIL

Mr. Rod Kuharich
Director
Color-ado- Water ConservatioD" Board
1313 Sherman Street. 7th Floor
Denver, Colorado 80203

Re: Request for lastream Flow Appropriation - Arkansas River

Dear Mr. Kuharich:

.

I am writing on behalf of the City of Pueblo to recommend and request that the
Colorado Water Conservation Board ("CWCB") appropriate an instream flow water
right for the segment of the Arkansas River between the outlet of Pueblo Reservoir and
the Arkansas River - Fountain Creek confluence. This approximately 10-mile segment
of the Arkansas River has been the subject in recent years of extensive restoration and
rehabilitation activities in conjunction with Pueblo's Arkansas River Legacy Project
(the "Legacy Project") which is intended to restore fish and wildlife habitat and the
natural environment of the River.

As described in the information sheet enclosed as Exhibit 1, the first and most
significant phase of the Legacy Project has recently been completed, and year-round
protection of a minimum flow level is now necessary to reasonably protect the restored
natural environment. It is Pueblo's understanding that the Colorado Division of
Wildlife ("DOW") will recommend that an instream flow water right of
approximately 100 cfs through this river segment be appropriated by the CWCB. Pueblo
supports this request and, pursuant to Rule 5.a. of the CWCB's Instream Flow Program
Rules, Pueblo recommends that the CWCB appropriate a new ] 00 cfs instream flow
water right for this segment of the Arkansas River.

.

The Legacy Project has been undertaken jointly by Pueblo and the U.S. Army
Corps of Engineers (the "Corps"), with substantial funding from the Corps and Great
Outdoors Colorado, and cash or in-kind contributions from 22 other local project
partners, including Pueblo County and the Pueblo Conservancy District. Phase] of the
Legacy Project was completed in 2005, and involved substantial improvements to the
River between Pueblo Dam and the Fountain Creek confluence, including the