BOARD00027

• Board Meeting Date: 9/10/2002
• Description: ISF Section - Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

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5AO Reauired Findings. Before initiating a water right filing to confirm its appropriation, the Board
must make the following determinations:

5.40(A) Natural Environment. That there is a natural environment that can be preserved to a
reasonable degree with the Board's water right if granted.
5AO(B) Water Availabilitv. That the natural environment will be preserved to a reasonable
degree by the water available for the appropriation to be made.
5AO(C) Material Injurv. That such environment can exist without material injury to water

rights.

5.56 Final Board Action. The Board may take final action at the hearing or at a later date.

These determinations shall be subject to judicial review in the water court application and decree
proceedings initiated by the Board, based on the Board's administrative record and utilizing the
criteria of ~ 24-4-106(6) and (7), c.R.S. (2000).

STAFF RECOMMENDATION

For the instream flow water right on Specie Creek, from the confluence of an unnamed tributary to
the confluence of the San Miguel River, the staff recommends that the Board:

(I)

Determine, pursuant to section 37-92-102(3), CRS, and based upon the recommendation of
the BLM, a review of all data and other information presented by the staff both in writing and
orally, all public comment and the staffs recommendation for instream flow and natural lake
level appropriations on the streams and lakes identified; that:

(a) A natural environment does exist;
(b) Water is available for appropriation;
(c) The natural environment will be preserved to a reasonable degree by the water
available for the recommended appropriation;
(d) There is a natural environment that can be preserved to a reasonable degree with the
recommended water right, if granted; and
( e) Such natural environment can exist without material injury to water rights.

(2) Date of Appropriation: Pursuant to Rule 5.23, staff recommends the Board select January
23, 2002, as the date of appropriation for the Specie Creek instream flow water right.

(3) Reauest the Attorney General's Office to file the necessary water rights applications.

Agenda Item 10 - September 2002.doc

Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply Protection. ConselVation Planning