21

• Board Meeting Date: 7/11/2007
• Description: ISF Section - Pine River Water Acquisition
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
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MEMORANDUM

To: Colorado Water Conservation Board Members

From: Linda Bassi
Stream and Lake Protection Section

Date: July 3,2007

Re: Agenda Item No. 21, July 11-12, 2007 Board Meeting: Pine RiverWatl

The Pine River Irrigation District (PRID) and the Southern Ute Indian Tribe (TribE
to donate water to the Colorado Water Conservation Board for instream flow us", V" LI'''' , II ''''
River below Vallecito Reservoir. The Board initially considered this proposed donation at its
July 2006 meeting, initiating the 120-day time period for the Board to consider the terms and
conditions of the proposed donation. The parties have agreed to extend that 120-day period
twice to allow time for additional negotiations and for review of the Donation Agreement by the
PRID board of directors and the Tribe's council. No person has requested a hearing on this
acquisition under ISF Rule 6i (4). At this Board meeting, staff will request the Board to take final
action to accept the donation of water on the Pine River pursuant to the terms and conditions of
the proposed Donation Agreement attached hereto as Exhibit 1.

The Board's Water Acquisition Procedures

Rule 6 of the Rules Concerning the Colorado Instream Flow and Natural Lake Level Program
("ISF Rules") sets forth the Board's procedures for acquiring water for instream flow use. Staff
provided notice of the proposed acquisition to all persons included on the appropriate ISF
Subscription Mailing Lists pursuant to ISF Rule 6i. Pursuant to section 37-92-102(3), C.R.S.,
Staff requested recommendations regarding this proposed acquisition from the Division of
Wildlife, the Division of Parks and Outdoor Recreation, the U.S. Department of Agriculture and
the U.S. Department of Interior. The Division of Wildlife's recommendation regarding this
acquisition proposal is attached as Exhibit 2.

ISF Rule 6e. requires the Board to evaluate the appropriateness of the acquisition and
determine how best to utilize the acquired water rights to preserve or improve the natural
environment.

BackQround

The Pine River (a/k/a Los Pinos River) is located in southwest Colorado, approximately 18 miles
east of Durango near the Town of Bayfield. The Division of Wildlife has classified the Pine River
as a large river (over 100 feet wide) and has indicated that it supports self-sustaining brown
trout and rainbow trout populations. In the lower reaches, the river supports populations of

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