CWCB Forms its Intent to Appropriate

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CWCB Forms its Intent to Appropriate Instream Flow Water Rights on the Arkansas River below Pueblo Reservoir At its May 17, 2006 meeting, the Colorado Water Conservation Board declared its intent to appropriate instream flow (ISF) water rights on two segments of the Arkansas River below Pueblo Reservoir. The first segment under consideration starts at the outlet of the Division of Wildlife (DOW) Fish Hatchery and extends downstream to the beginning of the U.S. Army Corp of Engineer's concrete levee system. The second segment would start at the end of this same concrete levee system and extend downstream to the confluence with Fountain Creek. The amount to be appropriated in both reaches is 100 cubic feet per second (cfs) on a year-round basis. CWCB staff recommended the ISF appropriation after reviewing biological data provided by the DOW. This data indicated the presence of over 22 fish species, including two species that are identified by the DOW as having ``greatest conservation needs." The presence of all of the identified species supports the conclusion that a natural environment exists in the proposed reaches. In addition, the DOW performed hydrologic studies that helped staff to evaluate the sufficiency of a 100 cfs year round flow to preserve the identified natural environment. Based on this analysis, both the DOW and staff believe that a 100 cfs flow, in combination with existing water right practices, will preserve the identified natural environment to a reasonable degree. All interested parties have until June 30, 2006 to contest these instream flow recommendations. If no parties contest the appropriations, staff will ask the Board to take final action and make an appropriation at its September 2006 meeting. If the recommendations are contested, the staff will request that the Board set a hearing date and appoint a hearing officer at its July 2006 meeting. A final hearing on the recommendations could then take place at its November meeting. In order to make an appropriation, the Board must determine 1) That there is a natural environment that can be preserved to a reasonable degree with the Board's water right if granted; 2) That the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made; and 3) That such environment can exist without material injury to water rights. For more information, please call or e-mail Jeff Baessler at 303-866-3906 or Jeffrey.baessler(a~state.co.us. Interested parties may also visit http://cwcb.state.co.us/Board/Agendas/2006/May06/26.pdf for additional information on the proposed appropriations.