14 ‎(2)‎

• Board Meeting Date: 9/18/2007
• Description: ISF Section - 2007 Instream Flow Appropriations - Uncontested Instream Flow Recommendations - Water Division 6, Moffat Count - Final Action Required
• Board Meetings - Doc Type: Memo

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appropriate standard methods to develop a hydrograph of mean or median monthly flows
for the 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. 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 Beaver Creek to preserve the natural environment to a reasonable
degree without limiting or foreclosing the exercise of valid water rights.

Adiacent Landowner Concerns
When first proposed, the appropriation of instream flow on Beaver Creek elicited a statement of
concern by the owner of Vermillion Ranch. That concern involved the use of water by cattle and
was subsequently resolved by a Board-approved stipulation.

Relevant Instream Flow Rules
The staff recommends that the Board proceed as provided in Instream Flow Rules 5f., 5h. and
5i. :

5f. Date of Appropriation. The Board may select an appropriation date that may be no
earlier than the date the Board declares its intent to appropriate. The Board may declare
its intent to appropriate when it concludes that it has received sufficient information that
reasonably supports the findings required in Rule 5i.

5h. Final Board Action on an ISF Recommendation. The Board may take final action on
any uncontested StaffRecommendation(s) at the May Board meeting or any Board
meeting thereafter. If a Notice to Contest has been filed, the Board shall proceed under
Rule 5j-5q.

5i. 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 ~ 24-4-106(6) and (7), C.R.S. (1999).

Staff Recommendation
The staff recommends that the Board:

(1) Determine, pursuant to section 37-92-102(3), CRS, and based upon the recommendations of
the BLM, a review of the data and other information presented by Staff, in this memo and orally,
and Staff's recommendation for instream flow appropriations on the streams identified; that:

Flood Protection. Water Project Planning and Finance. Stt'eam and Lake Protection
Water Supply Protection. Conservation Planning