08 ‎(3)‎

• Board Meeting Date: 11/18/2007
• Description: ISF Section - Contested Instream Flow Appropriation Hearing - Alder Creek
• Board Meetings - Doc Type: Memo

opportunity to present his position in the preheating statement and chose not to do so. As a result, it
is inappropriate for Dr. McLeod to attempt to circumvent the Board's process and the ISF rules by
attempting to have Director Smith represent him at the hearing.
Staff had numerous discussions with Dr. McLeod regarding the proposed appropriation in an
attempt to resolve his issues. However, Dr. McLeod was steadfast in his position that the ISF water
right should end at his property line. Staff will present its detailed testimony regarding this matter at
the hearing.
If the Board moves forward in favor of the appropriation, staff will request that the Board take final
action on the Alder Creek Appropriation as follows.
Staff Recommendation
For the stream segments listed in the attached Instream Flow Recommendation Tabulation, 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 Staffs recommendation for instream flow appropriations on the streams identified;
that:
(a) A natural environment does exist on each stream;
(b) Water is available in each stream for appropriation;
(c) The natural environment will be preserved to a reasonable degree by the water
available for the recommended appropriations, and
(e) Such appropriations can be made without material injury to water rights.
(2) Pursuant to Rule 5£, establish January 24, 2007 as the appropriation date for Alder
Creek.
(3) Request the Attorney General's Office to file the necessary water rights applications.
Attachments
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