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<br />~< 'j! <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />BEFORE THE COLORADO \V.-\ TER CONSERVATION BOARD <br /> <br />STATE OF COLORADO <br /> <br />Prehearing Statement of Staff of Colorado 'Vater Conservation Board <br /> <br />IN THE MATTER OF ST AFF'S RECOMrvlENDA TlONS FOR AN rNSTREAM FLOW <br />APPROPRlA nON ON THE SMITH FORK GUNNISON RIVER A~D THE SOUTH FORK <br />SMITH FORK GUNNISON RIVER. \VATER DIVISION 4 <br /> <br />Pursuant to Rule 5n.(2) of the Rules Concerning the Colorado Instream Flow and Natural <br />Lake Level, 2 CCR 408-2 ("lSF Rules"). the Staff of the Colorado \Vater Conservation Board <br />c'eWCB") hereby submits its prehearing statement in support of Staffs recommendations for <br />instream flow CISF") appropriations on the subject reaches of the Smith Fork Gunnison River <br />and the South Fork Smith Fork Gunnison River in the amounts set forth in the attached <br />tabulation (attached as Exhibit I). <br /> <br />A. FACTUAL CLAIMS <br /> <br />1) Based upon field surveys by the Colorado Division of Wildlife ("CDOW"), there is a natural <br />environment that can be preserved on the subject reaches of the Smith Fork Gunnison River <br />and the South Fork Smith Fork Gunnison River. None of the Parties to this proceeding have <br />contested the existence of a natural environment on the subject reaches of the Smith Fork <br />Gunnison River and the South Fork Smith Fork Gunnison River. <br /> <br />2) The instream flow amounts recommended by Staff for the reaches of the Smith Fork <br />Gunnison River and the South Fork Smith Fork Gunnison River: <br /> <br />a) are based upon standard scientific methodoltogy and an accurate R2Cross analysis; <br /> <br />b) reflect the amount of water available for appropriation as an ISF right; and <br /> <br />c) are required to preserve the natural environment to a reasonable degree. <br /> <br />J) The natural environment on the subject reaches of the Smith Fork Gunnison River: (a) \vill <br />he preserved to a reasonablc.: degree with the proposed ISF water right; and. (b) can exist <br />without material injury 10 water rights. <br /> <br />4) The natural environment on the suhject rcaches of the South Fork Smilh Fork Gunnison <br />River: (a) will be prescrveu to a reasonable degree with the proposed ISF water right; and, <br />(b) can exisl \vithout material injury to \vater rights. <br /> <br />B. <br /> <br />LEGAL CLAIMS <br />