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• Board Meeting Date: 7/22/2009
• Description: ISF Section - Huerfano River and Cucharas Creek Contested Instream Flow Appropriations - Water Division 2
• Board Meetings - Doc Type: Memo

Huerfa n o River
2.75 (11/1 - 3/31)
2.6
( Confl unnamed tributary to confl Stanely Creek )
5.75 (4/1 - 10/31)

At its May 19, 2009 meeting, the Board designated Casey Sphall as the hearing officer for this
matter and set the hearing for these three segments for September 15 - 16, 2009. Pursuant to Rule
5n , the hearing officer established deadlines for wri tten submissions, designation of witnesses
and exhibits, and the date of the prehearing conference as follows:

July 8, 2009 - Prehearing Statements due
July 16, 2009 - Prehearing Conference
August 17, 2009 - Rebuttal Statements Due

Staff has been wo rking with Jim Felt, s attorney, in an attempt to identify and
resolve issues regarding the proposed appropriations. During these discussions, it was indicated
that Huerfano County needed additional time to perform its own R2CROSS qu antification
analyses in late August when stream conditions may be suitable. As a result , Huerfano County ,
through its attorney , submitted a motion requesting the hearing be delayed to November 17 - 18,
2009.

Huerfano County s motion and the h earing officer s order are attached.

Recommendation

Although staff believes that sufficient quantification data already exists which can be analyzed
by H u it does not oppose the request for additional time.
Staff recommends that the Board consider and rule on
hearing officer to reschedule and establish the appropriate deadlines in accordance with the rules.

Attachments
2