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<br />.' <br /> <br />CO-931 <br />7250 <br /> <br />BUREAU OF LAND MANAGEMENT <br />Colorado State Office EFlLEIl Documcnt <br />2850 Youngfie1d Street co Gar/kid County District Court 9tli <br />Lakewood, Colorado 80215-7093Filing Date: Oct 12 2005 1 :"~\L~.Pt&.blm.gov <br />FiJin!: 10: 7081 S02 <br /> <br />Rt'\icw (~E:CiEivE~in <br /> <br /> <br /> <br />United States Department of the Interior <br /> <br />IN REPlY REFE.Il TO <br /> <br />\A"~ '6 r;tb <br /> <br />,'..IAr 1 7 2005 <br /> <br />;,c:foraao Water Calserv8liOn !loam <br /> <br />Dan Merriman <br />Colorado Water Conservation Board <br />J 313 Sherman St., 7lb Floor <br />Denver, Colorado 80203 <br /> <br />Dear Mr. Merriman: <br /> <br />The purpose of the letter is to clarify Bureau of Land Management's (BLM's) actions and <br />intent with regard to the lease agreement between BLM and Colorado Water <br />Conservation Board (CWCB) on the Bowman Ditch, located in the East Douglas Creek <br />watershed. At the time the lease was signed, BLM and eWCB envisioned ajoint filing <br />for change of water rights to include both instream flow use and livestock use. <br /> <br />After CWCB performed an engineering analysis on the historic use of the water rights, it <br />was determined that decreeing a portion of the right for stockwatering use would <br />significantly reduce the flow rate and volume available for instream flow uses, which <br />would be contrary to BLM's primary objective in the lease agreement. In addition, we <br />concluded that it would be difficult for the Division of Water Resources to separately <br />administer the two uses. Finally, the two agencies agreed that it would be legally <br />awkward for CWCB to file for stockwatering rights when by law, the CWCB is <br />authorized only to file for instream flow water rights. Accordingly, BLM authorized the <br />eWCB to make a filing only in eWCB's name for instream flow purposes. If you have <br />any questions about this decision-making process, you can contact me at 303-239-3940. <br /> <br />Sincerely, <br /> <br />R~fu C ~O <br /> <br /> <br />Water Rights and Instreazn Flow Coordinator <br /> <br />; EXHIBI' <br /> <br />l--'B <br /> <br />" <br /> <br />j. -. ~. <br /> <br />, ; <br />