17 ‎(3)‎

• Board Meeting Date: 1/23/2008
• Description: ISF Section - Injury with Mitigation - Case No. 3-99CW34; application of Charles E. Nearburg
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan StreeL Room 721
Denver, Colorado 80203
Phone: [phone]
Fax: [phone]
',",Vi\V. C\VCb. state. co.us

Bill Ritter, k
Governor

TO:

Colorado Water Conservation Board Members

Hanis D. Shennan
DNR Executive Director

FROM:

Linda 1. Bassi, Chief
Stream and Lake Protection Section

Jennifer L. Gimbel
CWCB Director

DATE:

January 7, 2008

Dan McAuliffe
CWCB Deputy Director

SUBJECT:

Agenda Item 17, January 22-23, 2008 Board Meeting
Stream and Lake Protection -Injury with Mitigation-Case N o.3-99CW34;
Application of Cha..les N ea..bm.g

Int..oduction

This agenda item addresses a proposed pretrial resolution under ISF Rule 8i. (3) (Injury
Accepted with Mitigation). Rule 8i.(3) requires the Board to consider an injury with mitigation
proposal using a two meeting process. This is the first meeting of the process. This proposal
involves five structures that will be additional, future components of extensive stream restoration
and fishery habitat improvement efforts in and along a reach of Trout Creek located within the
boundaries of Charles Nearburg's Trout Creek Ranch property. The proposal would allow some
injury to approximately 2,700 feet of the Trout Creek ISF water right, but it appears that the
stream restoration and habitat improvement work accomplished by Mr. Nearburg on Trout Creek
provides the mitigation necessary to enable the CWCB to continue to preserve the natural
environment to a reasonable degree on Trout Creek, in spite of any injury that could otherwise
result from diversions and evaporative depletions by these five new structures. Staff will request
the Board to (1) make the preliminary determination that the natural environment of Trout Creek
could be preserved to a reasonable degree with the proposed injury if Charles Nearburg provides
the proposed mitigation; and (2) provide comments to Staff on the proposal and identify any
issues that the Applicant and Staff should address before bringing the proposal to the Board for
final approval. Mr. Nearburg's formal request to the Board for approval of this proposal is
attached to this memo as Exhibit 1.

Background

Applicant Charles Nearburg owns two properties near Creede, Colorado in Mineral County,
known as the Trout Creek Ranch and Broadacres Ranch (collectively, the "Ranches"). In Case
No. 3-99CW34, Mr. Nearburg seeks approval of a water supply plan for various fishery habitat
improvement structures, including adjudication of water rights for these structures, a change of
water right, and a plan for augmentation, including appropriative rights of exchange, to replace
out-of-priority evaporative depletions associated with fishery habitat structures at the Ranches.

'Vate.' Supply Pl"Otection. 'Vate,'shed Protection & Flood Mitigation' St,'eam & Lake Protection' 'Vate.' Supply Planning & Finance
Watn Conservation & Drought Planning' IntJ'astate 'Vate.' Management & Development