20b

• Board Meeting Date: 9/18/2007
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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from the New Mexico Interstate Stream Commission and will set the stage for future
collaborations. There is also interest from the San Juan Water Commission in Farmington but we
have missed their budgeting cycle for this year. The additional funding to the Eastern San Juan
Mountains cloud seeding permit is timely as the Pagosa Area W &S is a large funding partner and
has other water resource priorities for this winter. The agreement could be signed in November
and will bring approximately $43,000 to operate cloud seeding generators in the Eastern San
Juan Mountains and will relocate one generator to the far-east or this mountain range near Edith,
Colorado on the Little Navajo and Navajo drainages.

""' Y AMP A / WHITE RIVER BASINS ""'

MOFFAT COUNTY WILLOW CREEK ISF RECOMMENDATION UPDATE: At its July
12, 2007 meeting, the Board voted unanimously to form its intent to appropriate ISF rights on
Willow Creek in Moffat County. The Board also directed staff to work with Moffat County to
further investigate issues that were raised during the meeting. On August 15,2007, Moffat
County formally contested the ISF appropriation on Willow Creek. On August 30, 2007, CWCB
and BLM staff spent the day with Moffat County Commissioners, Land Use Board members and
other stakeholders in discussions concerning the ISF recommendation and in conducting an
additional field investigation.

During the course of discussions, staff explained the basis for the Board's appropriation and
provided an overview of Colorado's water right priority system including suggestions of means
within Colorado water law to address concerns about future water uses. Moffat county
commissioner Tom Gray indicated to Staff, BLM and other stakeholders present that he was
philosophically opposed to the ISF program and believed that water for beneficial (human) uses
should always have primacy over water for the preservation of the natural environment. The
Moffat County Commissioners stated they were particularly concerned that the proposed ISF
appropriation would interfere with the possible future development of the Wilderness Ranch
Subdivision. During the discussions, other stakeholders with senior irrigation rights on Willow
Creek indicated their disagreement with the County's position. They suggested, instead, that
upstream undecreed existing and future water uses be curtailed or required to augment in
accordance with Colorado water law. They also voiced their belief that water should be left in
the stream to preserve the water-dependent natural environment.

The Moffat County representatives further stated that water was not available for the Board's
appropriation because the appropriation would depend upon the water that is released under
senior rights held in the OVO Reservoir. Staff explained that the an ISF appropriation is like any
other junior water right and, therefore, entitled to stream conditions present at the time of
appropriation. This holds even if a portion of the water is a result of return flows or the
operation of other senior appropriators.

At the time of the field investigation, the OVO reservoir, which is located upstream of the
Board's proposed appropriation was empty and releasing virtually no water. Staff measured 2.64
cfs in the middle of the proposed ISF reach. The ISF recommendation by the BLM was for 2.6
cfs. At the end of the day the Moffat County representative proposed a solution to their issues;

Flood Protection. Water Project Planning and Finance. Sn-eam and Lake Protection
Water Supply Protection. Conservation Planning