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• Board Meeting Date: 3/18/2008
• Description: ISF Section - Injury with Mitigation - Case No. 3-99CW34 - Application of Charles Nearburg
• Board Meetings - Doc Type: Memo

STATE OF COLORADO
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Thomas E. Remington, Director
6060 Broadway
Denver, Colorado 80216
Telephone: [phone]
wildlife. state. co. us
January 16, 2008
Ms. Linda Bassi
Colorado Water Conservation Board
Stream and Lake Protection Section
1313 Sherman Street, Room 723
Denver, Colorado 80203
Re: Charles Nearburg (Case No. 3-99CW34) - Injmy with Mitigation Plan.
Dear Linda,
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The purpose of this letter is to officially transmit the Colorado Division of Wildlife's (CDOW) evaluation and
comments regarding Charles Nearburg's, Injury with Mitigation Proposal for Trout Creek (Case No. 3-84C 66
in Water Division 3.
Background
The CWCB requested the Colorado Division of Wildlife (CDOW) to evaluate and comment on applicant's
proposed Injury with Mitigation Proposal. As described in the January 2008, Board Memorandum, 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 depletions associated with these fishery
habitat structures. The CWCB filed a statement of opposition to the above-referenced water court application due
to potential injury to instream flow ("ISF") water rights in the area. The ISF water rights that could have been
impacted by this application are listed below:
CWCB Case
No. Stream Amount
cfs Approp.
Date Watershed County
3-84CW166 Trout Creek 35/15 8/16/82 Rio Grande Mineral
3-84CW159 Shallow Creek 3 8/16/82 Rio Grande Mincral
3-83CW039 Rio Grande River 150/65 8/16/82 Rio Grande Mincral
3-83CW042 Rio Grande River 160/80 8/16/82 Rio Grande Rio Grande & Mineral
Potential Injury
This injury with mitigation proposal only addresses impacts to the Trout Creek ISF water right decreed in Case
No. 3-84CW 166. Mr. Nearburg is not requesting or intending to injure the other instream flow water rights
mentioned above. The five structures that are the subject of this injury with mitigation plan are known as the
Trout Creek Fishery Channel Nos. 1 through 5 (the "Channels"). In general, the Channels will be constructed
with one or more ponds located along the course of each channel. Surface water diverted into the Channels will
flow through and return to Trout Creek. The length of the Channels from the point of diversion to the point of
return to Trout Creek, varies from 300 to 1,200 feet, and diversions into the Channels will cumulatively affect
approximately 2,700 feet of the Trout Creek ISF reach.
DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director
WILDLIFE COMMISSION, Tom Burke, Chaim Claire O'Neal, Vice Chair. Robert Bray, Secretary
Members, Dennis Buechler .Brad Coors .Jeffrey Crawford .Tim Glenn .Roy McAnally .Richard Ray
Ex Officio Members, Harris Sherman and John Stulp Exhibit 1