11 ‎(2)‎

• Board Meeting Date: 11/18/2007
• Description: ISF Section - Contested Instream flow Appropriation Hearing - Badger Creek
• 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]
wtntn-.c~a-cb.state.co.us . -
Bill Ritter, Jr.
Governor
TO: Colorado Water Conservation Board Members
Harris D. Sherman
DNR Executive Director
FROM: Jeff Baessler
Stream and Lake Protection Section Dan ivleAuhn~e
Acting CWCB Director
DATE: November 1, 2007
SUBJECT: Agenda Item 11 ,November 14-15, 2007 Board Meeting
Stream and Lake Protection -Contested Instream Flow Appropriation
Hearing -Badger Creek
Discussion
The Board was provided detailed information regarding all field data, studies and analyses for this
stream segment at its January 24, 2007 Board meeting. At that meeting the Board declared its intent
to appropriate an increase to the instream flow water right on Badger Creek. At its March 13, 2007
meeting the Board recei~~ed public comment on the proposed instream flow appropriation.
Representatives of the Upper Arkansas Water Conservancy District (UAWCD) expressed their
concern that, if created, the instream flow appropriation, located within their service area, could
ha`~e ad`~erse effects upon their Umbrella Augmentation Plan. Members of Colorado Trout
Unlimited offered support for the appropriation and commented on the importance of the Badger
Creek Trout fishery. The Board directed staff to provide it with additional information on Badger
Creek and a detailed explanation as to why an increase to the existing Instream Flow is needed.
Staff has, therefore, re`~ised the attached Executive Summary Report and included a letter from the
BLM that pro~~ides a detailed discussion of the need for an increase as well as the underlying
scientific rationale.
On March 21, 2007, the UAWCD submitted a Notice to Contest Instream Flow. On July 2, 2007,
the Colorado Attorney General's Office Hearing Officer, Casey Shpall, prepared a Notice of
Prehearing Conference and Deadlines for Submissions. Prehearing Statements were
submitted by UAWCD (July 16, 2007); Staff of the Colorado Water Conservation Board (July 17,
2007); U. S. Department of the Interior, Bureau of Land Management (July 16, 2007); Staff of the
Colorado Division of Wildlife (July 17, 2007); and Trout Unlimited (July 16, 2007). The Prehearing
Conference was held on July 24, 2007 at the Colorado Department of Law, 1525 Sherman Street,
Denver, Colorado. The resulting Prehearing Order, prepared on the hearing date, set October 5,
2007 as the deadline for rebuttal statements, defined the issues for hearing and established the
hearing agenda.
Water Supply Protection • Fload Protection • Stream & Lake Protection • Rater Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water Dlanagement & Development