WSP12606 ‎(2)‎

• File Number: 8155.915.A.5
• Description: Chaffee County RICD- CWCB Hearing, Staff Recommendations / Board Memos
• State: CO
• Basin: Arkansas
• Water Division: 2
• Date: 5/10/2005
• Author: CWCB
• Title: Chaffe County's Recreational In-Channel Diversion Application, Case No. 2-04CW179
• Water Supply Pro - Doc Type: Board Memo

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ST A TE OF 'COLO~~ADO

Colorado WateriConservation Board
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Department of Natur~l Resources
1313 Sherman Street, Room 721 :
Denver, Colorado 80203 i
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens

Governor

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Colorado Water ConservatIon Board Members
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From: Randy Seaholm, jDan Merriman, Ted Kowalski, Tom Browning, Michelle
Garrison

To:

Russell George
Executive Director

Rod Kuharich
CWCB Director

Date: May 10, 2005

Dan McAuliffe
Deputy Director

Re: Chaffee County's Recreational In-Channel Diversion Application,
Case No. 2-04CW129

Back2:round

In December 20Q4, Chaffee County ("Chaffee County" or "Applicant") filed for a
Recreational In-Channell Diversion water right on the Arkansas River ("the RICD"). Pursuant to
section 37-92-102(5) & (6), C.R.S. (2001), the Colorado Water Conservation Board ("CWCB") is
required to submit recommendations and findings to the Water Court within 90 days of the closing
date for filing statement~ of opposition. In April 2005, the CWCB requested an extension of time,
until September 11,2005, to file its recommendations and findings to the Water Court; however, the
Water Court has not graAted this request at the time of the writing of this memorandum. Several
parties requested a hearing before the Board, and the CWCB is scheduled to hold a hearing, pursuant
to the CWCB's Rules Concerning Recreational In-Channel Diversions, 2 CCR 408-3 (2001) ("RICD
Rules"), and section 37-92-102(5) & (6), on May 23, 2005 in Chaffee County.
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Pursuant to Rule :11 of the RICD Rules, the Staff of the CWCB ("Staff') must submit a
written report and reco~endation to the Board. The Staff hereby submits this document as its
written report and recommendation to the CWCB concerning the RICD. This report and
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recommendation only reflects the information provided to date, and to the extent the Staff receives
new or different information through rebuttal statements or at the hearing, the Staff reserves the right
to alter its recommendati,on. The Staff adopts the Prehearing Statement and incorporates it by
reference into this report: and recommendation. Nothing herein shall preclude the StafffJrom making
any arguments it deems ~ppropriate before the water court. In addition, the Staff will provide
proposed Board findings: of fact and recommendations for the Board to consider on or before May
23,2005, after reviewin~ all of the pre-hearing statements and rebuttal statements.

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