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<br />DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director <br />WILDLIFE COMMISSION, Tom Burke, Chair. Claire O'Neal, Vice Chair. Robert Bray, Secretary <br />Members, Dennis Buechler. Brad Coors. Jeffrey Crawford. Tim Glenn. Roy McAnally. Richard Ray <br />Ex Officio Members, Harris Sherman and John Stulp <br /> <br />Potential <br />This injury with mitigation proposal only addresses impacts to the Trout Creek ISF water right decreed in Case <br />No. 3-84CW166. Mr. Nearburg is not requesting or intending to injure the other instream flow water rights <br />mentioned above. The five structures that are the subject of this injury with mitigation plan are known as the <br />Trout Creek Fishery Channel Nos. 1 through 5 (the "Channels"). In general, the Channels will be constructed <br />with one or more ponds located along the course of each channel. Surface water diverted into the Channels will <br />flow through and return to Trout Creek. The length of the Channels from the point of diversion to the point of <br />return to Trout Creek, varies from 300 to 1,200 feet, and diversions into the Channels will cumulatively affect <br />approximately 2,700 feet of the Trout Creek ISF reach. <br /> <br />Injury <br /> <br />CWCB Case Stream Amount Approp. Watershed County <br />No. ( cfs) Date <br />3-84CW166 Trout Creek 35/15 8/16/82 Rio Grande Mineral <br />3-84CW159 Shallow Creek 3 8/16/82 Rio Grande Mineral <br />3-83CW039 Rio Grande River 150/65 8/16/82 Rio Grande Mineral <br />3-83CW042 Rio Grande River 160/80 8/16/82 Rio Grande Rio Grande & Mineral <br /> <br />Background <br />The CWCB requested the Colorado Division of Wildlife (CDOW) to evaluate and comment on applicant's <br />proposed Injury with Mitigation Proposal. As described in the January 2008, Board Memorandum, in Case No. 3- <br />99CW34, Mr. Nearburg seeks approval of a water supply plan for various fishery habitat improvement structures, <br />including adjudication of water rights for these structures, a change of water right, and a plan for augmentation, <br />including appropriative rights of exchange, to replace out-of-priority depletions associated with these fishery <br />habitat structures. The CWCB filed a statement of opposition to the above-referenced water court application due <br />to potential injury to in stream flow ("I SF") water rights in the area. The ISF water rights that could have been <br />impacted by this application are listed below: <br /> <br />The purpose of this letter is to officially transmit the Colorado Division of Wildlife's (CDOW) evaluation and <br />comments regarding Charles Nearburg's, Injury with Mitigation Proposal for Trout Creek (Case No. 3-84CWI66) <br />in Water Division 3. <br /> <br />Dear Linda, <br /> <br />Re: <br /> <br />Charles Nearburg (Case No. 3-99CW34) - Injury with Mitigation Plan. <br /> <br />Sherman Street, <br />Denver, Colorado 80203 <br /> <br />Ms. Linda Bassi <br />Colorado Water Conservation Board <br />Stream and Lake Protection Section <br />1313 Room 723 <br /> <br />January <br /> <br />Thomas E. Remington, Director <br />6060 Broadway <br />Denver, Colorado 80216 <br />Telephone: (303) 297-1192 <br />wildlife. state. co. us <br /> <br />6,2008 <br /> <br />"j <br /> <br />Bill Ritter, Jr., Governor <br />DEPARTMENT OF NATURAL RESOURCES <br /> <br />DIVISION OF WilDLIFE <br /> <br />AN EQUAL OPPORTUNITY EMPLOYER <br /> <br />STATE OF COLORADO <br /> <br />Agenda Item <br /> <br />17 <br /> <br />