BOARD00120 ‎(2)‎

• Board Meeting Date: 1/24/2007
• Description: ISF Section - 2007 Instream Flow New Appropriation Recommendations in Water Divisions 2,3,4, and 6
• Board Meetings - Doc Type: Memo

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B. Previous Issues with Instream Flows
In 1982, the District negotiated stipulated language with the ewCB. When the stipulated
language failed to appear in the Water Referee's Ruling, the District had to protest for its inclusion
in the decree. The District believes this was simply an oversight. Nevertheless, CWCB has
previously indicated its desire to the Division of Wildlife to file amended applications with the
Division 6 water court to delete the stipulated language. This lends little assurance to the District
to consider stipulated language.

C. Conclusion
Jackson County is unique in many ways. Unlike other river basins, water is made
available to Jackson County by U.S. Supreme Court Decree in the equitable apportiomnent
case involving Nebraska, Wyoming and Colorado.

Instream flow appropriations shall not be construed to "deprive the people of the State
of Colorado of the beneficial use of those waters available by law and interstate compact."
Accordingly, the District urges the eWCB to support the use of waters to allow full
compliance with the equitable apportionment provisions of the U.S. Supreme Court Decree
and to exercise its discretion not to appropriate.

Thank you for your attention. Please do not hesitate to contact me at [phone],
or Kent Holsinger, our counsel on this matter, at [phone] should you wish to discuss
this important matter.

Sincerely,

Kent Crowder
President

cc. U.S. Senator Wayne Allard
U.S. Senator Ken Salazar
Representative John Salazar
Senator Jack Taylor
Representative Al White
Jackson County Commissioners
Jackson County Water Conservancy District
Rod Kuharich, Director eWeB
Kent Holsinger

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