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February 20; 2009 <br />Linda Bassi, Esq. <br />Stream and Lake Protection Division <br />Colorado Water Conservation Board <br />1313. Sherman, Suite 721 <br />Denver, CO 80203 <br />Re: Morrison Creek Instream Flow Recommendation <br />Dear Linda, <br />El <br />James Larson, Dequine Family'L.L.C. and Flying Diamond Resources, (the "Parties") are <br />writing to recommend that the CWCB appropriate a water right for instream flow purposes on <br />Morrison Creek, under ISF Rule 5 and sections 37- 92- 102(3) and -302, C.R.S. (2008). Morrison <br />Creek is located in the Yampa River basin in Routt County, Water District No. 58, Water Division <br />No. 6, Colorado. In particular, the Parties recommend the CWCB appropriate water rights for <br />instream flow purposes on Morrison Creek from immediately below the Dequine Ditch Alt Point <br />#1, as described in the Judgment and Decree, Case No. 95CW35, Water Division No. 6, <br />downstream to the confluence with the Yampa River (the "Recommended Reach "). A copy of that <br />decree is attached to this letter as ARAgndix A. The Recommended Reach is approximately five <br />miles, and is shown on the Green Ridge and Blacktail Mountain USGS Quadrangle Maps. A <br />significant portion of the Recommended Reach is located on property owned by one or more of the <br />Parties. <br />A. NATURAL ENVIRONMENT TO BE PRESERVED <br />Morrison Creek originates in the western Gore Mountains in the Routt National Forest. The <br />creek flows northwest to its confluence with the Yampa River. The area surrounding Morrison <br />Creek contains varied ecology and landscape, and supports diverse riparian habitats. Much of the <br />habitat remains in its native state, undisturbed by agriculture and development. Morrison Creek <br />supports myriad wildlife species and provides winter range area for elk. Golden eagle and sandhill <br />crane nesting areas have been identified along Morrison Creek. In 1993, the Colorado Division of <br />Wildlife classified the fishery as excellent. Recent studies, However, indicate that the quality of the <br />natural environment and fishery habitat has degraded, despite decreed instream flow water rights <br />upstream and downstream of the Recommended Reach. <br />The Recommended Reach would connect decreed instream flow water rights on Silver <br />Creek and the Yampa River. The CWCB holds instream flow water rights on Silver Creek from its <br />headwaters to its confluence with Morrison Creek. In Case No. 1326 -77, the -Water Court, Water <br />Division No. 6 entered a decree for 1 c1 s., for instream flow purposes from the headwaters of <br />Silver Creek to its confluence with the South Fork of Silver Creek. In Case No. 1328 -77, the Water <br />Court, Water Division No. 6 entered a decree for 5 c.f.s., for instream flow purposes on Silver <br />Creek from the confluence of the South Fork of Silver Creek to its confluence with Morrison Creek. <br />The CWCB also holds an instream flow water right on the Yampa River, from the confluence of <br />Morrison Creek downstream to the inlet of Lake Catamount. That right was decreed for 72.5 c.fs., <br />