7921

• UCREFRP Catalog Number: 7921
• Author: Trembly, T. L. and G. A. Gould.
• Title: Opportunities To Protect Instream Flows In Colorado And Wyoming.
• USFW Year: 1987.
• USFW - Doc Type: Biological Report 87‎(10)‎,
• Copyright Material: NO

During this preliminary period, prior to advancement to final notice,
the CWCB staff consults with the appropriate division engineers and
other individuals that the staff deems appropriate. The staff
considers comments received during the preliminary notice period,
makes revisions to its preliminary recommendations where appropriate,
and mails the final notice. The staff makes an effort to resolve
objections to its final recommendations before the recommendations
are published in a final notice.

3. CWCB Action on Staff Recommendations

The CWCB then considers each application and acts on the staffls
final recommendations as contained in the final notice by approving,
rejecting, or modifying them. The eWCB may, at its discretion,
postpone action in order to 1 engthen the pub 1 i c comment peri od or
obtain additional information as it may desire. In making its
decision the CWCB must determine that the natural environment will
be preserved to a reasonable degree by the water available, for the
appropriation to be made; that there is a natural environment that
can be preserved to a reasonable degree with the eWCB's water right,
if granted; and that such an environment can exist without material
injury to existing water rights.

4. Filing of Water Rights Applications for Instream Flows

Within five days of the CWeB's final approval, the staff is required
to forward the approved appropriations to the AG, who files applica-
tions in the appropriate water court and represents the CWCB in all
subsequent court proceedi ngs on the subject water ri ght cl aims.
Such filings claim as the date of appropriation the date the CWCB
acted to approve the appropriations. Such filings are subject to
the provisions of CRS S 37-92-102(3)(a) and (b). The eWCB, DOW, and
DPOR provide any necessary technical support to the AG during the
water court proceedings.

The director advises the eWCB at its next regular meeting of any
statements of opposition that have been filed against the
appropri at i one s) and keeps the CWCB current on all such statements
of opposition.

No litigation regarding the CWCB's appropriation(s) is to be taken
to trial without prior CWCB approval. If the matter is to be taken
to trial, the CWCB informs its staff director of the terms and
conditions, if any, upon which he is authorized to settle the case.

No compromise and settlement of the objector's claims negotiated
prior to trial with parties who have filed statements of opposition
to the CWCBls appropriation(s) is to be filed with the court until
approved by the CWCB, unless the settlement is entered into pursuant
to instruction from the CWCB.

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