BOARD00122 ‎(2)‎

• Board Meeting Date: 1/24/2007
• Description: ISF Section - North Fork Escalante Creek Instream Flow Appropriation, Water Division 4 - Final Action Requested
• Board Meetings - Doc Type: Memo

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Water Availability Studies
The CWCB Staff has conducted an evaluation of water availability for this stream. To
determine the amount of water physically available for the Board's appropriations, staff
analyzed available USGS gage records, available streamflow models, and/or utilized
appropriate standard methods to develop a hydro graph of mean or median monthly flows
for this recommendation. Staff also relied upon the flow measurements made as part of
the field survey as an indicator of the amount of water physically available in this stream.
Staff also analyzed the water rights tabulation and consulted with the Division Engineer's
Office to identify any potential water availability problems. Based upon its analysis, staff
has determined that water is available for appropriation on each stream to preserve the
natural environment to a reasonable degree without limiting or foreclosing the exercise of
valid water rights.

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Required Findings. Before initiating a water right filing to confirm its appropriation, the
Board must make the following determinations:

(1) Natural Environment. That there is a natural environment that can be preserved to a
reasonable degree with the Board's water right if granted.
(2) Water Availability. That the natural environment will be preserved to a reasonable
degree by the water available for the appropriation to be made.
(3) Material Iniury. That such environment can exist without material injury to water
rights.

These determinations shall be subject to judicial review in the water court application and
decree proceedings initiated by the Board, based on the Board's administrative record
and utilizing the criteria of S 24-4-1 06(6) and (7), C.R.S. (1999).

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