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Revised Opposition to the Prehearing Statement <br />of the Upper Yampa Water Conservancy District <br />Page 5 of 6 <br />Finally, the content of the District's Request to Inundate is insufficient to allow <br />appropriate review of the request by the public or the CWCB. The 1SF Program Rules require <br />that a request to inundate include, at a minimum: the location of the inundation, the size of the <br />inundation, impact of the inundation on the natural environment, any unique or rare <br />characteristics of the ISF water right to be inundated, any regulatory requirements or conditions <br />imposed upon the applicant by federal, state and/or local governments, all terms and conditions <br />included in applicanVs water court decree, and any compensation or mitigation offered by the <br />Person proposing the inundation. Rule 7e. Although the District's Request to Inundate includes <br />a section titled "linpact of Inundation on CWCB ISF and Natural Environment," this section <br />addresses federal permitting requirements for the project and potential impacts to the CWCB's <br />Yampa River instream flow rights. The District does not provide any information in its request <br />as to the expected impact of the inundation on the natural environment in and along Silver Creek, <br />including impacts to riparian habitat, fish and other wildlife populations, and plant life. Such <br />information is essential to public review of the request and a determination by the CWCB. <br />Based on these considerations, the Proponents request that the CWCB exclude testimony <br />or evidence related to the District's Request to Inundate from the Morrison Creek ISF hearing. <br />The Proponents finther request that the CWCB defer consideration of any request to inundate <br />related to the proposed Morrison Creek Reservoir until such time as other permitting agencies <br />have completed their permitting processes and the District submits an appropriate request to the <br />CWCB with complete information. <br />Dated this 20' day of July, 20 10 <br />PETROS & WHITE, LLC <br />By: lslNicole L. Johnson <br />Charles B. White, No. 9241 <br />Nicole L. Johnson, No. 40564 <br />ATTORNEYS FOR FLYING DiAmoND RESOURCES AND <br />JAMES A. LARSON <br />