Recreational Instream Flow Workshop Tanscription of Meeting Tape

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s Eric Leaper National Organization for Rivers Patti Wells CWCB Board Bruce McCloskey Deputy Director Division of Wildlife and ex- officio member of board Steve Glazer representing High Country Citizens Alliance, Sierra Club, member of the Upper Gunnison WCD Board which holds instream flow or recreation water rights in Taylor reservoir. Paul Zilis Special Water Council for Clear Creek County Kelly Custer Bill Brown Lawyer in Fort Collins, here on behalf of the City of Littleton Dan Hartman City of Golden Glenn Porzak water attorney Erick Kuhn Colorado River District, Board Member Chris Treese Colorado River District Gary Lacy with Recreation Engineering and Planning Dan McAuliffe Explains recording of meeting, Eric Wilkinson is the chair of our subcommittee, and to let folks know that the microphones that we have around the table and around the room are not designed to amplify. They are really designed to record so we have effective not necessarily minutes of meeting but if we have to go back and clarify our notes that what's that's for. This is an informal official -toard workshop as opposed to a hearing so that why we are here today. Eric go ahead Eaic Wilkinson Thank you again I am Eric Wilkinson and I am the Chairman and only member of this subcommittee on recreational instream flows, it makes the meetings go a lot shorter when we have a meeting but the work sometimes gets a little longer. I would like to .thank you all for coming today and I hope this workshop proves to be productive and beneficial.. In July when were down in Gunnison Louis Entz which I thanked a number of times for appointing me to this. Appointed me to this position to look at recreational in stream flows in an attempt to try maybe by November get something to the board for the board's consideration as to where we should go on recreational instream flows. And of course this is a step in that direction. I hope many of you if not all of you looked at the web page or got the mailings from the Colorado Water Conservation Board concerning this meeting. One of the things we or I tied to do is put thoughts down on paper for people to look at in regard to the issues, challenges and questions. Associated with recreational instream flows. The thought in that is to get something down to get the discussion going. Some thoughts that maybe people could focus on as well as some areas of concerns and interest. It was not meant for that paper was not meant to be all- inclusive, and contrary to some statements it was not meant for that paper to take a position. Rather than just to raise questions and issues that I think if your are considering recreational instream flows. Those issues and concerns need to be addressed, along with others that may come up. Obviously the challenge is to identify those and the challenge is to look forward into the future as to what course the state of Colorado is going to take in regard to recreational instream flows. How did we get here? Is one of the questions that is asked ...Obviously the Fort Collins Boat chute case in which the Colorado Supreme Court. made some case law associated with that... diversion obviously in that case includes structures that exert requisites of control within the stream. In that case this was for about 55cfs over a 400 foot reach for boat passages, or boat chute and fish passages. We have also now considered cases associated with Littleton for a 100 cfs filing three separated chutes for boat passage and fish passage. Golden has a pending application for 1000 cfs for boat use, the board has as was stated earlier expressed concern over certain issued related to this topic and that types of applications and has requested staff and this subcommittee to look at issues and try to move this issue forward. There are several major issues that are out there that need to be considered in regard to formulation of positions and attitudes towards recreational instream flows. Some of those include: Who should apply for in stream flows, land ownership issues, federal agency issues, and advantages of who should hold those appropriations whether they be federal, state or local. Administrative issues that come up because of the interaction with other water rights and the rights within the prior