20 ‎(6)‎

• Board Meeting Date: 11/18/2008
• Description: ISF Section - Request for Ratification of Motion to Intervene and Request for Authorization to Proceed to Trial - Case No. 6-03CW53; Application of the Upper Yampa Water Conservancy District
• Board Meetings - Doc Type: Memo

The CWCB holds the following instream flow water right that could be injured by this
application:
CWCB Stream/Lake Amount Approp. Watershed Coun
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Case No. cfs Date
6-01 CW 106 Yampa River 72.5/47.5 7/24/01 Upper Yampa River Rout
The C~UCB did not initially file a Statement of Opposition in this case because the initial plan
did not appear to injure the instream flow right. However, in October 2008, the Division
Engineer's Office notified the CWCB of potential injury to its instream flow right on the Yampa
River under the Applicant's newly remodeled plan. As a result, the CWCB filed a Motion to
Intervene in October 2008. The Court has not yet ruled on the Motion to Intervene. Nonetheless,
in order to accommodate the current case management deadlines, Bahman Hatami prepared an
expert report on behalf of the CWCB summarizing the potential for injury. His report has been
provided to the Applicant and other parties. Staff and the Attorney General's Office will
continue to negotiate with the Applicant on the appropriate terms and conditions to prevent
injury.
Recommendation
Pursuant to ISF Rule 8j ., Staff recommends that the Board ratify the Motion to Intervene with
accompanying Statement of Opposition. Staff further recommends that the Board authorize Staff
to proceed to trial to protect the Board's instream flow water rights in the event that Staff and the
Attorney General's Office are unable to reach a settlement with the Applicant.
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