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

JACKSON COUNTY WATER CONSERVANCY DISTRICT

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Directors

DIVISION I
David Meyring
13241 State Hwy 14
Walden. CO 80480
970-723-4239

DIVISION 2
Kent Crowder
P.O. Box 1019
Walden, CO 80480
970-723-4628

DIVISION 3
Robert O. Burr
P.O. Box 1080
Walden, CO 80480
970-723-4202

_DIVISION 4
ames A. Baller, Jr.
48725 State Hwy ]4
Walden, CO 80480
970-723-4439

DIVISION 5
Newell Geer
P.O. Box 1060
Walden, CO 80480
970-723-4356

DIVISION 6
Carl Trick, 11.
P.O. Box ]5
Cowdrey, CO 80434
970-7234925

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WALDEN, COLORADO 80480

December 20, 2006

REceIVED
DEt 2 2 20Ii

Mr. Dan Merriman
Stream and Lake Protection Program
Colorado Water Conservation Board
1331 Sherman St., Rm 721
Denver, CO 80203

~ Waler Conselyatioll BoRic'

Re: Proposed instream flows on the South Fork of Big Creek, Indian Creek and
the North Fork of the North Platte.

The Jackson County Water Conservancy District (the "District") opposes
instream flow filings proposed by the Bureau of Land Management ("BLM") for
consideration ofthe Colorado Water Conservation Board (nCWCB") on the North Fork
of the North Platte, the South Fork of Big Creek, and Indian Creek. The continued
ability to utilize waters of the North Platte and its tributaries is the life-blood of Jackson
County. As stated herein, the District opposes these filings for several reasons and urges
the CWCB not to proceed with appropriations.

The District was established to conserve water resources and realize the greatest
benefit from the water resources available pursuant to the equitable apportionment
provisions of Nebraska v. Wyoming, 325 U.S. 589 (1945) as modified in 345 U.S. 981
(1953) (the "U.S. Supreme Court Decree"). In prior years, the District's position has
been to reluctantly agree to instream flow appropriations with two important conditions:
(I) that the instream flows were located in the high country above existing di versions;
and (2) that the CWCB must subordinate those instream flows to allow full compliance
with the U.S. Supreme Court Decree.

A. The Proposed Filings
As discussed below, two of the proposed filings cross significant private land
holdings, and one terminates at the Colorado and Wyoming state line. In addition,
because the proposed filings are below existing diversions, they are more likely to
interfere with existing and future water uses upstream from them. For example> the
proposed filings could prevent exchanges, new storage or diversions> changes in use or
the relocation of existing head gates.

The proposed flows are speculative and lack hard data by which to quantify
them. All three proposed appropriations are located on segments with no stream gage
data. Extrapolating data from ditch diversions and streams located in other areas (some
of which are outside the county and even outside of Colorado) so-called "basin
comparison analysis" is wholly inappropriate. The excessive winter flows on the North
Fork of the North Platte and the South Fork of Big Creek evidence, in part, these
problems.

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