BOARD00091 ‎(2)‎

• Board Meeting Date: 11/14/2006
• Description: ISF Section - Contested ISF Appropriation Hearing - Anthracite and Coal Creeks - Water Division 4
• Board Meetings - Doc Type: Hearings

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NORTH FORK WATER CONSERVANCY DISTRICT

To CWCB, Staff and Hearing Officer:

The North Fork Water Conservancy District would again like to comment on proposed
Instream Flow filings in the District on Anthracite and Coal creeks. Weare opposed to these
filings for several reasons.

First, we support the objections raised by the Ragged Mountain Water Users. Primarily, we
feel that the measurements of available flow are inadequate and present an overly optimistic view
of what water is actually available, particularly in the "shoulder" seasons before and after runoff.
We feel that the actual flow will be short of the ISF a higher percentage of the time than your
figures indicate.

Secondly, we are concerned that the Instream Flow filing will make the use of augmentation
water, through exchange, in the Anthracite and Coal creek basin an impossibility. Since
augmentation plans require a reliable source, any plan junior to the ISF which could call them out
when flow is insufficient, would be unacceptable to the Division Engineer. These areas have the
potential for future development and the Instream Flow filings will make this more difficult.

Finally, both these streams have potential reservoir sites which the Conservancy District is
interested in. Instream Flow requirements could hinder any further water development. Even if
the rights are senior, any change in use or point of diversion could be negatively effected by these
filings.

In summary, many of the same objections which led the CWCB to drop its ISF on Muddy
Creek still pertain on Anthracite and Coal creeks. The North Fork Water Conservancy District
urges the Conservation Board to drop these filings and allow for the further development of
water in our area.

Sincerely,

Thomas M Alvey, President NFWCD