Re: Request for Services Case No. 5-00CW259

• Description: Vail RICD
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 2/13/2001
• Author: Rod Kuharich, CWCB
• Title: Re: Request for Services Case No. 5-00CW259
• Water Supply Pro - Doc Type: Board Memo

0 STATE 01
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us
To: • Steve Sims
First Assistant Attort1eGeneral
From: Rod Kuharich
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Director, Colorado Water Conservation Board
Date: February 13, 2001
Re: Request for Services
Bill Owens
Governor
Greg E. Walcher
Executive Director
Rod Kuharich
CWCB Director
Dan McAuliffe
Acting Director
Case No. 5- OOCW259; Eagle River Water and Sanitation District (Gore Creek)
Please have your staff prepare a Statement of Opposition on behalf of the Board in 5-
OOCW259. A review of the facts in the application indicates that the applicant may be requesting
an instream flow. In addition, the Applicant's appropriation may exceed the amount of water
necessary to accomplish the purposes for which an appropriation is sought. Moreover, the
Applicant's appropriation may cause injury to the Board's instream flow water right on the Gore
Creek due to inundation. The major areas of concern in this case which we feel should be
included in the Statement of Opposition are as follows:
The Applicant is seeking approval of absolute water rights to be used in a stretch of
Gore Creek which is referred to as the Vail Whitewater Course . This purpose is
similar in nature to instream flow use.
2. Section 37 -92- 102(3) C.R.S. provides: "...no other person or entity [other than the
CWCB] shall be granted a decree adjudicating a right to water or interests in water for
instream flows in a stream channel between specific points, ..., for any purpose
whatsoever." The Applicant may not obtain a decree that violates this statutory
requirement.
3. The Applicant must be held to strict proof as to its claim that it is diverting the water
claimed in its application.
4. The Applicant must be held to strict proof that it is seeking a water right that is a legally
cognizable beneficial use of that water.
5. The Applicant's application may cause injury to the CWCB's water rights decreed in
Case No. 77W3637.
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