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..' ...~ . . " . . - Hotchkiss, CO 81419 March IS, 2005 Dan Merriman, Section Coordinator Colorado Water Conservation Board Department ofNatura1 Resources State of Colorado Dear Mr. Merriman, To begin, we would like to thank you for this opportunity to express concerns about the proposed action of your agency to implement additional minimal stream flows in Water Division 4. We are primarily eoncerned with the flows that effect drainages on the North Fork and Smith Fork of the Gunnison. We urge you to withdraw your letter of intention to file on instRam Bow water rights pending a thorough evaluation of this action for several reasons. First, we question how these decisionJ are made. While acknowledging the environmental goal of protecting a few species of fish, we question it. The same fish were poisoned in the 1950's. As stated the CDOW has made recommendations to meet the policy .....that the natural. scenic, scientific and outdoor recreation areas of this state are to be protected, preserved, P.r'IMnf".flJd and managed for the use, benefit, and enjoyment of the people of this state. to The section of Muddy Creek above the Paonia Reservoir is not ft_tun.l, This segment of the river was altered significantly by highway eonstruction. The late summer water here and in nearly Williams Creek will not be enhanced by minimal stream flow decrecI. Water in these streams at this time of year is return flow from irrigation. What measure was used to determine this is the best use of these waters? What priority system was used to identify these locations? How were stake holders other than the CWCB, the CDOW, and the CDPOR involved in deciding on the necessity of these actions1- -...-- ,., . - ' . Second,.the creation of these decrees would eliminate any further development ofwater' in these drainases. This could be a critical mistake. These drainages contain some of the prime, untapped water sources in the state. Because your proposed flows seem to be enormous in relation to what water normally flows, we feel they would stop any funher development in this area. If you wanted to become a partner in a water storage facility like the Snowshoe Reservoir and applied for water to be released for stream flow, would the Anthracite stream flow decree make this impossible? Is it wise to file on these stream flows when SWSI is looking for ways to met water needs in the year 2030 for the 700,10+ population increase? Finally, we feel that these decrees would be a takings. In essence the creation of these minimal stream flows would eliminate the possibility of any future development. In the drainage of the Muddy Creek that flows into the Paonia Resevoir, you would create an approximately 230 square mile conservation easement. That affects the salability of propaty.lfrecceation and environment needs demand this water, then there must be provision for eompensating those that are impacted. The economic effect of a decision such as this 011 individual landowners and the surrounding communities should be studied prior to moving forward.