93CW16 56h Motion

• Case Number: 95CW0150
• Stream Name: Yampa River
• Acq Structure: Steamboat Lake
• Watershed: Upper Yampa
• Water Division: 6
• County: Moffat
• County: Routt
• Instream Flow Acq - Doc Type: Misc

STATEFA?6R,,
IN THE DISTRICT COURT cotORgpp
IN ANDS R WATER OF COLORADO DIVISION 6 JUN 1 � 199
CASE NO. 9/CW016
43
IN THE MATTER OF THE SUMMARY OF CONSULTATION
APPLICATION FOR WATER
RI GHTS OF:
COLORADO DIVISION OF PARKS
AND OUTDOOR RECREATION
C/O PETER FAHMY
1525 SHERMAN, 5TH FLOOR
DENVER, CO 80203
The Division Engineer and the Water Referee for the Water Division have
consulted concerning the application on file herein. The Division Engineer has
made the following comments and recommendations to the Referee:
Applicant seeks Court approval of a change of the Steamboat Lake Enlargement
water right. Applicant proposes to add, as a place of use, the Yampa River
reach between the confluence of Dry Creek and the Yampa River near Hayden, and
the Eastern Boundary of Dinosaur National Monument. A lease with
U S Fish and Wildlife Service is under negotiation for recreational and
piscatorial uses of the water within this reach
A Statement of Opposition by Upper Yampa River Water Conservancy District claims
applicant is seeking a decree for an instream flow right on the Yampa River in
violation of C. R. S 37-92-103(3). Opposer, Tri-State Generation and Transmission
Association, Inc. , claims a potential for injury to their water rights if the
application is approved as requested. Opposer, Thomas R. Sharp, a resident of
Routt County, claims injury for various reasons, as a user of Steamboat Lake
State Park. I am not aware of any negotiations between parties.
The Steamboat Lake Enlargement, Case No. 90CW001, was decreed on July 12, 1990
for 3300 AF for a variety of uses. Case No. 92CW027 was filed to change the use
of 145 AF of the enlargement, to include augmentation water for the Plan for
Augmentation, pending in Case No. 91CW065 (Cyprus Empire). The instant
application seeks approval of recreational and piscatorial uses of a portion of
the enlargement to be released from Steamboat Lake, pursuant to contract
negotiations with the US Fish and Wildlife Service. It is my understanding that
these uses will be associated with the Endangered Fish Recovery Program on the
lower Yampa River.
Steamboat Lake, located on Willow Creek, tributary to Elk River, tributary to
Yampa River, (including the enlargement) is able to fill and spill, every year
because of the yield of the basin and a lack of downstream calls. These
conditions indicate that approval of the requested change will not injure any
water rights.