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BOARD00168 (2)
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BOARD00168 (2)
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Last modified
8/16/2009 2:46:14 PM
Creation date
7/6/2007 10:38:53 AM
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Board Meetings
Board Meeting Date
5/22/2007
Description
ISF Section - ISF Rule 7 - Inundation of ISF Rights
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />Chronolo~1V of Development and Adoption of Inundation Rule <br /> <br />1987 to 1993: The CWCB filed statements of opposition to eight cases based <br />upon proposed inundation of ISF reaches, Most of these applications included <br />other components that also had a potential to injure ISF water rights. The <br />opposed cases included applications by Aurora and Arapahoe County for the <br />Union Park Reservoir, which had the potential to inundate the CWCB's ISF water <br />right on Lottis Creek. The cases were set for trial in June 1991. <br /> <br />February 1990: CWCB Director Bill McDonald requested public input on the <br />following questions: <br /> <br />. <br /> <br />. "Whether the Board should file Statements of Opposition to applications <br />for conditional storage rights if the conditional right sought would result in <br />inundation of a stream segment upon which the Board holds an ISF <br />appropriation, and, <br /> <br />. Were statements of opposition to be filed, what terms and conditions it can <br />and should seek to protect its ISF appropriation." <br /> <br />February 26, 1990: The CWCB held a special meeting to hear comments on <br />how the Board should handle the inundation of ISF water rights. The Board <br />heard oral testimony and accepted written statements on the issue. Nearly 60 <br />written statements were received, and several articles appeared in the local <br />papers regarding the issue. Written statements were received from <br />environmental groups including the National Wildlife Federation, Environmental <br />Law Society, Environmental Defense Fund, Sierra Club, Colorado Mountain <br />Club, Colorado Environmental Coalition, Trout Unlimited and Gunnison Basin <br />POWER; state and federal agencies including U.S. Fish & Wildlife Service, U,S. <br />Environmental Protection Agency, Colorado Division of Wildlife, Colorado State <br />Parks), water users groups and municipalities including Arapahoe County, Upper <br />Arkansas Water Conservancy District, the cities of Loveland, Colorado Springs, <br />Denver, and Aurora, Northern Water Conservancy District, Colorado Water <br />Congress and Cache la Poudre Water Users), and many private citizens and law <br />firms. <br /> <br />July 1990 CWCS meeting: The Board decided to develop and adopt rules <br />addressing inundation. In the interim prior to adopting such rules, the CWCB <br />adopted a policy providing that statements of opposition would be filed in all <br />cases proposing to inundate an ISF water right, with the Board deciding on a <br />case-by-case basis whether to allow inundation and what terms and conditions it <br />would require to protect the affected ISF water rights. <br /> <br />.: <br /> <br />July 11, 1990: Bill McDonald and DNR Director Jim Lochhead testified before <br />the Interim Legislative Committee on Water (Tillie Bishop, Chairman) regarding <br />the Board's positions on inundation and the acquisition of conditional water <br /> <br />Exhibit 2 <br />
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