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STATE OF COLORADO <br />Colorado Water Conservation Board <br />Department ofNatural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3441 <br />FAX: (303) 866 -4474 <br />www. dnr. state. co. us/ cwcb <br />MEMORANDUM <br />To: Colorado Water Conservation Board Members <br />From: Dan Merriman <br />Ted Kowalski <br />Date: July 17, 2000 <br />Re: Agenda Item 5.a, July 24 -25, 2000, Board Meeting -- <br />Stream and Lake Protection — Proposed Stipulation <br />Case No. 1- 94CW273; City of Littleton (South Platte River) <br />lip <br />Bill Owens <br />Governor <br />Greg E.Walcher <br />Executive Director <br />Dan McAuliffe <br />Acting CWCB <br />Director <br />GENERAL BACKGROUND <br />The Board ratified the Statement of Opposition filed in this case at its March 13 -14, 1994, <br />meeting. This is an application for surface water rights for instream uses on the South Platte <br />River near Littleton in Arapahoe County. Applicants are seeking absolute and conditional water <br />rights for recreational and piscatorial uses. Applicants originally identified twenty structures <br />(boulder clusters, deflectors, and boat chutes) within this segment of the river that would be <br />relied upon to accomplish the proposed purposes. Littleton claimed 100 cfs absolute year -round <br />for recreational flows, and 70 cfs in the summer and 30 cfs in the winter for piscatorial purposes. <br />The CWCB entered a statement of opposition in this case, in part, because Section 37- 92- 102(3), <br />C.R.S. (1999) provides: ". . . no other person or entity [other than the CWCB] shall be granted a <br />decree adjudicating a right to water or interests in water for instream flows in a stream channel <br />between specific points, ..., for any purpose whatsoever." <br />At the May 22 -23, 2000, Board meeting, the Board considered a confidential memorandum from <br />Susan Schneider from the Office of the Attorney General ( "AGO "). That memorandum <br />explained the legal issues regarding this Application. Shortly after the May 2000 Board meeting, <br />the CWCB and AGO Staffs met with the Applicant's lawyer and engineer to discuss the Board's <br />Flood Control and Floodplain Management -Larry Lang, Chief • Water Project Planning and Construction- Mike Serlet, Chief • <br />Instream Flows and Water Rights Investigations -Dan Merriman, Chief • Interstate Streams Investigations -Randy Seaholm, Chief • <br />Office of Conservation Planning - William Stanton, Chief • Personnel and Budget -Susan Maul, Chief <br />