BOARD00121 ‎(2)‎

• Board Meeting Date: 1/24/2007
• Description: ISF Section - 2007 New Appropriation Recommendations - Jackson County
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

Bill Ritter, Jr.
Governor

MEMORANDUM

Harris D. Sherman
Executive Director

To:

Colorado Water Conservation Board Members

Rod Kuharich
ewCB Director

From: JeffBaessler

Dan McAuliffe,
Deputy Director

Date: January 22, 2007

Re: Agenda Item 26, January 23-24, 2007, Board Meeting-
Stream and Lake Protection - 2007 Jackson County Instream Flow Appropriations

Discussion

In February 2005, staff received instream flow recommendations from the Bureau of Land Management on
Indian Creek, South Fork Big Creek, and North Fork North Platte River, located.in Jackson County. In
November of 2005, Staff provided notice that these streams would be considered for appropriation in January
2006. However, staff did not bring the recommendations forward in January and chose instead to provide
additional time for public notice and comment. On February 14, 2006, CWCB, BLM and DOW staff met
with the Jackson County Water Conservancy District and others to discuss the proposed recommendations.
At that meeting, although generally opposed to the recommendations, Jackson County officials indicated to
staff and the BLM a willingness to consider proposed settlement language. As a result. the BLM again
recommended the streams at the February 2006 workshop and staff provided an additional notice of these
streams in.March of2006 for consideration by the Board in January 2007.

Over the last year, staff has been evaluating the recommendations by conducting independent site
investigations of each of the streams and evaluating water availability. In addition, in June 2006, staff
requested that the AG evaluate previous settlement language that was negotiated and accepted by Jackson
County in 1979 and 1992, and provide new language that would protect Jackson County water users with
regard to the water guaranteed to them by the Nebraska v. Wyoming Supreme Court Decree, while avoiding
issues related to selective subordination ofISF water rights. In November 2006, staff provided another
public notice of the Jackson County recommendations and provided Jackson County with draft settlement
language for their consideration. In late November, Jackson County indicated that they had briefly reviewed
the proposed language and didn't feel that it provided adequate protection. In addition, they indicated that
they had retained Kent Holsinger to represent them with regard to the proposed recommendations. At that
time, Staff asked Jackson County for additional time beyond the January 2007 Board Meeting to negotiate
agreeable language and requested the opportunity to discuss the proposed language with Mr. Holsinger. Staff
was subsequently unable to set up a meeting with Mr. Holsinger. In mid December, Jackson County once
again contacted staff and indicated that they were unwilling to negotiate and requested that staff bring the
recommendations to the Board at its January 2007 meeting for consideration. The attached

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning