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

For example, the United States entered into an Agreement for Administration of Water Pursuant
to the Subordination of the Wayne N. Aspinall Unit Water Rights within the Upper Gunnison
River Basin dated June 1, 2000 (the "Aspinall Subordination Agreement"). Recently, the State
of Colorado supported Stipulations for Withdrawal that recognize the Aspinall Subordination
Agreement in Case No. O1 CWOS in Water Division 4. There, the Stipulations were deemed not
to be a selective subordination because they gave effect to the Aspinall Subordination Agreement
and the State and Division Engineers could, in essence, account for the water as the first 60,000
acre feet of water attributable to the Aspinall Unit Water Rights.
Here, the proposed stipulation simply gives effect to the Supreme Court Decree. And, because
the Supreme Court Decree applies to the entire basin, the administration of water rights in the
basin should be no additional hindrance to the State and Division Engineer.
Finally, the CWCB has entered into even more restrictive stipulations on Yellowjacket Canyon
Creek to protect historic and future use in Case Nos. 06CW60 and 06CW61 in Water Division 7.
Conclusion
For all of the reasons above, the District would be willing to withdraw its opposition to the
appropriation of instream flows on Indian Creek and the North Fork of the North Platte in
Jackson County provided the above-referenced stipulation language is incorporated into any
such decrees. In addition, if the CWCB determines to proceed with the consideration of the
proposed instream flow appropriation on the South Fork of Big Creek before crafting a state-
wide policy with regard to instream flow appropriations that terminate at the state line, the
District would be willing to consider withdrawing its apposition to the appropriation of an
instream flow on this segment provided the above-referenced stipulation language is also
incorporated into any such decree for this segment.
Thank you for your attention. We look forward to discussing this issue with you. Please do
not hesitate to contact me at [phone] at your earliest convenience.
Sincerely,
Kent Crowder
President
cc: Jackson County Water Conservancy District Board
Board of County Commissioners of Jackson County
Dan McAuliffe, Acting Director, CWCB
Kent Holsinger, Holsinger Law, LLC
Thomas R. Sharp, Sharp, Steinke, Sherman & Engle, LLC
Ken Knox, Office of the State Engineer
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