34

• Board Meeting Date: 7/21/2010
• Description: Stream & Lake Protection Section - Case Nos. 6-07CW061 and 6-07CW072: Applications of Upper Yampa Water Conservancy District
• Board Meetings - Doc Type: Memo

STATE OF COLORADO
Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
Fax: [phone]
www.cwcb.statc.co.us
Bill Ritter, Jr.
Governor
TO: Colorado Water Conservation Board Members
Mike King
FROM: Jeff Baessler, Acting Chief DNR Executive Director
Kaylea M. White Jennifer L. Gimbel
Stream and Lake Protection Section CWCB Director
DATE: July 20, 2010
SUBJECT: Agenda Item 34, July 20 -21, 2010 Board Meeting
Stream and Lake Protection -- -Case Nos. 6- 07CW061 & 07CW072 (Consolidated);
Application of Upper Yampa River Water Conservancy District
Introduction
Upper Yampa Water Conservancy District ( "UYWCD ") recently obtained a conditional storage water right in
Morrison Creek Reservoir. The reservoir may inundate a portion of the CWCB's instream flow water right on
Silver Creek. CWCB was a party in both cases and settled the consolidated cases on August 31, 2009 by
agreeing to postpone the question of inundation until the reservoir permitting process began and prior to
commencing construction of the reservoir. Case No. 07CW72 for a junior storage right appropriation was
dismissed on October 5, 2009; the CWCB stipulation applies to Case No. 07CW061 for a changed storage right.
Due to the timing of the upcoming hearing on the contested Morrison Creek ISF appropriation, UYWCD filed
its request to inundate on July 9, 2010.
The questions presented to the Board today are: (1) whether the Board may hear the request to inundate in
conjunction with the Morrison Creek ISF appropriation hearing; and (2) whether the Board should consider the
request to inundate at this time given its ISF Rules and previous stipulation. The Board will be presented with
briefs from the parties on these issues and will be requested to rule on the issues.
Staff Recommendation
Staff recommends that the Board consider the parties' briefs and rule on the issues.
Background
A prehearing conference for the upcoming Morrison Creek ISF appropriation hearing was held on July
16, 2010. During that conference issues arose regarding inundation under 07CW61 that required the
Board's attention and ruling before the September hearing. The pre- hearing order issued later that day
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