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STATE OF COLORADO <br /> • Colorado Water Conservation Board (co.CONg�De P artment of Natural Resources V <br /> 9a <br /> 1313 Sherman Street,Room 721 d(tee%WM <br /> Denver,Colorado 80203 <br /> Phone:(303)866-3441 p** ** <br /> Fax:(303)866-4474 * l&70 <br /> www.cwcb.state.co.us a 1 793'1 <br /> John W.Hickenlooper <br /> Governor <br /> TO: Susan J. Schneider <br /> First Assistant Attorney General Mike King <br /> DNR Executive Director <br /> FROM: Jennifer L. Glmb ��f Jennifer L.Gimbel <br /> CWCB Director <br /> Director, Color do ater I nservation Board <br /> DATE: December 14, 2012 <br /> .SUBJECT: Request for Legal Services <br /> Case No. 2-12CW107: Application of Chaffee County <br /> Please have your staff prepare a Statement of Opposition on behalf of the Board in Case No. 2- <br /> 12CW107. A review of the facts in this Recreational In-Channel Diversion ("RICD") <br /> application to make water rights absolute indicates that the Colorado Water Conservation Board <br /> • ("CWCB") does not hold decrees for instream flow ("ISF") water rights on the Arkansas River <br /> that may be injured by this application. However, this RICD application may affect Colorado's <br /> ability to utilize waters of the state. Therefore, the CWCB requests that the Office of the <br /> Attorney General file a Statement of Opposition. The main concern that should be addressed in <br /> the Statement of Opposition is as follows: <br /> • The CWCB is concerned with whether the Applicant has properly perfected the RICD water <br /> right for the 3 subject structures decreed in Case No. 2-04CW129. Specifically, the Applicant <br /> must provide evidence that Chafee County has requested, from the Division Engineer, flows at <br /> 1800 cfs for 8 days in June and evidence that boating events were held during those days. The <br /> Applicant must also provide evidence that Chaffee County also requested flows at 1400 cfs for <br /> 30 consecutive days. This evidence should postdate the construction of Structure No. 4 in <br /> 2010. Improper entry of a decree to make this water right absolute may affect Colorado's <br /> ability to promote maximum utilization of the waters of the State. <br /> This Statement of Opposition must be filed with the Division 2 Water Court by December 31, <br /> 2012. <br /> • <br /> Water Supply Protection•Watershed Protection&Flood Mitigation•Stream&Lake Protection•Water Supply Planning&Finance <br /> Water Conservation&Drought Planning•Intrastate Water Management&Development <br />