16 ‎(3)‎

• Board Meeting Date: 1/23/2008
• Description: ISF Section - Proposed terms and conditions, Jackson County 2008 New Appropriations
• 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]
w1v1v. cwcU. state. c a.us
Bill Ritter, Jr.
Goveuior
TO: Colorado Water Conservation Board Members
HatYis D. Sherman
DNR Executive Director
FROM: Jeff Baessler
St!-eam and Lake Protection Section JenniterL. Gimbel
cwcB Director
DATE: January 14 2008 DanNl°"~ulitte
C WCB Deputy Director
SUBJECT: Agenda Item 16, January 22-23, 2008, Board Meeting
Stream and Lake Protection Section -Proposed terms and conditions,
Jackson County 2008 New Appropriations
Summary
The original purpose of this memo was to request that the Board review and approve negotiated
terms and conditions developed by Staff and the Jackson County Water Conservancy District
(JCWCD), which would allow the Board to declare its intent to appropriate insti-eam flow water
rights on Indian Creek, South Fork Big Creek, and North Fork North Platte River while still
protecting JCWCD interests associated with the North Platte equitable apportionment decree.
Staff met with JCWCD representatives on January 8, 2008 to try to reach a settlement.
Unfortunately, neither Staff nor JCWCD have been able to agree on terms that are suitable to
both parties.
Staff is recommending that the Board table the proposed ISF recommendations for a period not
to exceed two years to provide additional time for the collection and analysis of data related to
the use of irrigation water in North Park. Staff &JCWCD agree that such a delay will provide
time for the development of additional information that may allow both parties to recommend the
appropriation of ISF rights on these streams. Staff will further recommend the development of a
formal agreement between the Board and JCWCD to identify responsibilities and ensure
progress during the delay. The terms of this agreement will be presented to the Board for its
review and approval at its March 2008 meeting.
Discussion
In February 2005, Staff received instream flow recommendations from the Bureau of Land
Management (BLM) on Indian Creek, South Fork Big Creek, and North Fork North Platte River,
located in Jackson County. In November 2005, Staff provided notice that these streams would
be considered for appropriation in January 2006. However, Staff did not bring the
recommendations forward in January and chose instead to provide additional time for public
notice and comment as a result of concerns expressed by JCWCD.
Water Supply Protection • Watershed Protection & Flood Mitigation • Stream & Lake Protection • Water Supply Planning & Finance
Water Conservation & Drought Planning • Intrastate Water Management & Decelupment