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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BEFORE THE COLORADO WATER CONSERVATION BOARD

ST ATE OF COLORADO

Prehearing Statement of Staff of Colorado Water Conservation Board

IN THE MATTER OF STAFF'S RECOMMENDATIONS FOR AN INSTREAM FLOW
APPROPRIATION ON ANTHRACITE AND COAL CREEKS, WATER DIVISION 4

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

A. FACTUAL CLAIMS

1) Based upon field surveys by the Colorado Division of Wildlife ("CDOW"), there is a natural
environment that can be pfeserved on the subject reaches of Anthracite and Coal Creeks.
None of the Parties to this proceeding have contested the existence of a natural environment
on the subject reaches of Anthracite and Coal Creeks.

2) The instream flow amounts recommended by Staff for the reaches of Anthracite and Coal
Creeks:

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 Anthracite 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) The natural environment on the subject reaches of Coal 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.

B. LEGAL CLAIMS

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