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JACKSON CO LINTY WA TER CONSER VANCY DISTRICT WALDEN, COLORADO 80480 October 12, 2007 w `°" ~~ .2047 Mr. Jeff Baessler Colorado Water Conservation Board ;,,;-:,., ~ :. ~ -~ Stream and Lake Protection Section Directors 1313 Sherman St., Rm 721 DlvrsroN I Denver, CO 80203 Ty Wattenberg I~.o. Box 797 Re: Proposed instream flow appropriations on the South Fork of Big Creek, woa23_ao8soaao Indian Creek and the North Fork of the North Platte. DIVISION 2 Kent Crowder Dear Jeff: P.o. Box ror9 (Wa01d23-~O8 0480 As you know, the Jackson County Water Conservancy District (the "District") has significant concerns with the proposed instream flows on the South Fork of Big Creek, DIVISION 3 Indian Creek and the North Fork of the North Platte in Jackson Count related to Robert O. Burr y P.o. Box loso existing and future water use, reliance on "synthetic hydrology" and the termination of Walden, co ao4so an instream flow at the Colorado state line, 970-723-4202 DIVISION 4 In prior years, the District has reluctantly agreed to instream flow appropriations where: James A. Baller,lr. 48725 State Hwy r4 (1) stipulations were negotiated with terms that were satisfactory to the District; or (2) warden, co xoaso the instream flows were situated above existing diversions. 970-723-4439 DIVISION 5 Here, the proposed instream flows were opposed by the District, the Jackson County Newell Geer P.o. Box robo Commissioners, both state legislators and many individual landowners. In addition, Walden,CO 8o4so U.S. Senator Wayne Allard expressed concerns to the Bureau of Land Management 970-723-43s6 ("BLM"). DIVISION 6 Carl Trick, [[. P.o. Box rs As you know, the District expressed apposition to the appropriation of an instream flow Cowdrey, CO 80434 on the South Fork of Big Creek, in part, because it terminates at the state line. The 970-723-4925 District is opposed to further action on this stream reach until such time as the Colorado DIVISION 7 Water Conservation Board ("CWCB") crafts astate-wide policy with regard to instream David Meyring 13241 State Hwy r4 flow appropriations that terminate at the state line. Walden, CO 80480 970-723-4239 Jackson County is Unique The opening sentence of the State of Colorado's brief to the U.S. Supreme Court in Nebraska v. Wyoming reads, "[T]he waters of the North Platte and Platte rivers constitute a great natural resource which should be developed and used for the best interests of all people dependent thereon for domestic supplies, agricultural irrigation, and power development." Brief of the State of Colorado in Nebraska v. Wyoming and Colorado, In the Supreme Court of the United States, October Term, 1941. -1-