BOARD00180 ‎(2)‎

• Board Meeting Date: 5/23/2007
• Description: ISF Section - Contested 2007 Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

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FELT, MONSON & CULICHIA, LLC

R!CEIVED
MAR G i 2007
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319 N. WE8ER 1)1.
COLORADO SPRINGS, CO 80903

JAMES G. FELT
STEVEN T. MONSON
JAMES W. CULICH1A
CHRISTOPHER D. CUMMINS
DAVID M. SHOIIET

TELEPHONE: [phone]
FAX: [phone]
Omstil) rmcwlItcr.com

March 26, 2007

Mr. Rod Kuharich
Director
Colorado Water Conservation Board
Department of Nat'Ural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203

Re: Notice to Contest Alder Creek Instream Flow Appropriation

Dear. Mr. Kuharich:

Pursuant to Rule 5(k) ofthe Rules Concerning the Colorado Instream Flow and Natural Lake
Level Program ofthe Colorado Water Conservation Board ("CWCB"), Dr. Timothy Mcleod, by and
through his undersigned attorneys, Felt, Monson and Culichia, LLC, hereby submits this Notice to
Contest the Instream Flow Appropriation on Alder Creek, Saguache County, Water Division 3. Dr.
McLeod provides the following information in accordance with Rule 5(k)(2):

(a) Identification of the person requesting the hearing:

Dr. Timothy McLeod
38 Alder Lane
Esko, MN 55733

(b) Idemification OfLhc instn:am flow appropriation "t i';3ue;

Recommendation presented by CWCB Staff in March 2006 and November 2006 for
an instrcam flow appropriation on Alder Creek, Saguache County, Colorado, Water
Division 3. The CWCB declared its intent to appropriate the recommended instream
flow in January 2007.

(c)

Contested facts and a general description of the data upon which the person will rely
to the extent known at this time:

Dr. Mcleod owns real property located in the Southwest Quarter of Section 35,
Township 48N, Range 8E, Saguache County, Colorado, including a 1.5 c.f.s. interest