11 ‎(2)‎

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

Rebuttal Statements and Supplemental Witness and Exhibit Lists were submitted by UAWCD
(October 4, 2007); Staff of the Colorado Water Conservation Board (October 4, 2007); U.S.
Department of the Interior, Bureau of Land Management (October 3, 2007); and Tout Unlimited
(October 4, 2007). (All materials regarding this matter can be found in the Board's Badger and
Alder Creek, November 15, 2007 Hearing Notebook)
UAWCD and Staff of the Colorado Water Conservation Board have engaged in several discussions
aimed at resolving the questions at issue. These have, so far, been unsuccessful. 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 Badger 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 March 13, 2007 as the appropriation date for Badger
Creek.
(3) Request the Attorney General's Office to file the necessary water rights applications.
Attachments
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