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

PETROS & WHITE LLC
ATTORNEYS AT LAW

1999 BROADWAY, SUITE 3200
DENVER, COLORADO 80202

TELEPHONE: [phone]

FACSIMILE [phone]

January 7, 2008

Via E-Mail and U.S. Mail

Colorado Water Conservation Board
c/o Linda Bassi, Esq.
Section Chief, Stream & Lake Protection
Colorado Water Conservation Board
1313 Sherman Street, Suite 721
Denver, CO 80203

Re: Request for Approval of In;ury with Mitigation Plan - Consolidated Case Nos.
99CW34 and 04CW9, Division No. 3~ Charles Nearburg, Applicant

Dear Board Members:

On behalf of our client, Charles E. Nearburg, we respectfully request the Board to
consider resolution, in pmi, of the above referenced case by approval of an injUlY with mitigation
plan pmsuant to ISF Rule 8.i(3). The plan involves five structures that will be additional, future
components of the extensive stream restoration and fishery habitat improvement effOlis in and
along a reach of Trout Creek located within the boundaries of Mr. N earburg' s Trout Creek
Ranch property, near Creede, Colorado. As summarized herein, and more fully described in
repOlis previously provided to the CWCB staff, the stream restoration and habitat improvement
work accomplished by Mr. NeaI'burg 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 injmy that could otherwise result from diversions by these five new
structmes.

I. BackgroUlld.

A. RaI1Ches aIld Water Comt application. Mr. Nearburg owns two propeliies in
Mineral County, Colorado, Imowl1 as the Trout Creek RaIlch aIld Broadacres Ranch
(collectively, the "Ranches"). Over the last decade, :tv1r. Nearburg has dedicated substaIltial
effOlis aIld resomces to restoring aIld improving the habitat of the streaIns passing tlu.ough the
Ranches. In connection with these effOlis, Mr. NeaI.bmg has all application pending in
Consolidated Case Nos. 99CW34 aIld 04CW9, District COUli, Water Division No.3 (the
"Application"). The Application seeks approval of a water supply plan for various fishery
habitat improvement stlUctures, including adjudication of water rights for these structmes, a

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