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• Board Meeting Date: 1/23/2008
• Description: ISF Section - Proposed terms and conditions, Jackson County 2008 New Appropriations
• Board Meetings - Doc Type: Memo

Jackson County is unique in many ways. Jackson County is the third least densely populated of
the 64 counties of the State of Colorado (1,577 people according to the U.S. Census of 2000).
Jackson County is a high, broad intermontane basin known as North Park which covers 1613
square miles. North Park opens north into Wyoming and is rimmed on the west by the Park
Range, on the south by the Rabbit Ears and Never Summer Ranges, and on the east by the
Medicine Bow Mountains. Elevations range from 7,800 to 12,953 feet above sea level. The term
park is derived from part, the French word for game preserve. The Ute Tribe called North Park
the "Bull Pen."
Jackson County is also home to the head waters of the North Platte River. Unlike any other River
Basin in Colorado, the use of water is made available to Jackson County by a U.S. Supreme Court
equitable apportionment decree involving Nebraska, Wyoming and Colorado: Nebraska v.
Wyoming, 325 U.S. 589 (1945) as modified in 345 U.S. 981 {1953) (the "Supreme Court Decree").
Proposed Language
Given these unique circumstances, and the high level of concern regarding the proposed instream
flows, the District would be willing to stipulate to the following language:
Applicant agrees to perpetually subordinate the water rights granted pursuant to
this application to the full beneficial use of water diverted historically and in the
future from the North Platte River and its tributaries and tributary acquifers in
Colorado up to the maximum quantifications and for the uses specifically
apportioned to Colorado in the equitable apportionment decrees entered in
Nebraska v. Wyoming, 325 US 589 (1945} as modified in 345 US 981 (1953), and
further agrees that the decree entered in this case shall contain the foregoing
subordination. Applicant is entering into this stipulation due to the uniqueness of
said equitable apportionment decree. This stipulation establishes no general
principle or precedent with respect to any other interstate stream.
The District believes this language would address its concerns and the majority of those
previously expressed in letters of opposition to the CWCB. In addition, this language is consistent
with the CWCB's mission, " ... to promote the conservation of the waters of the State of
Colorado in order to secure the greatest utilization of such waters and the utmost prevention of
floods ...." as well as the charge not to "...deprive the people of the State of Colorado of the
beneficial use of those waters available by law and interstate compact." §§ 37-60-106(1) and 37-
92-102(3) C.R.S. (2007).
Stipulation Does Not Amount to Selective Subordination
Because the Supreme Court Decree applies to ail of the North Platte River Basin, the above-
referenced language should not be construed as a selective subordination. The District is aware
of no precedent that would prohibit the use of such a mechanism to resolve its opposition to the
proposed instream flows.
To the contrary, similar language has been utilized for the same purpose in the past. In addition,
the State of Colorado has supported similar principles with more significant administration issues
than could be contemplated in Jackson County.
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