BOARD00175

• Board Meeting Date: 9/21/1998
• Description: ISF Section - New Appropriations - Notice to Appropriate Instream Flow Water Rights in Water Division 2
• Board Meetings - Doc Type: Memo

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White & Jankowski

RECEIVED
AUG t. j 1998

Lawyers

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August 20, 1998

Mr. Mark Uppendahl
Colorado Water Conservation Board
721 Centennial Building
1313 Sherman S!reet
Denver, Colorado 80203

Re: Texas Creek Instream Flow Water Right

Dear Mr. Uppendahl,

I am writing in response to the Board's July 28, 1998, "Final Notice - Intent to Appropriate Instream
Flow Water Rights" in which the Board's requests comments on several ISF recommendations. This
letter concerns the proposed Texas Creek ISF appropriation, extending from Lake Creek to the .Arkansas
River, and is submitted on behalf of Paul R. Seegers. Mr. Seegers is the owner of the Trail's End
Ranch, which is located near the town of Hillside. Mr. Seegers uses numerous ditches and wells for
irrigation, domestic and other purposes on the ranch which have their source of water on Brush Creek
and other Texas Creek tributaries above the recommended ISF reach. He is in the process of complying
with the Division 2 rules and regulations for his wells.

We have reviewed the Board's files on the Texas Creek ISF as provided by Board staff. The Board's
rules require the Board to make several determinations before initiating a water right filing, including
whether the natural environment will be preserved to a reasonable degree by the water available for the
ISF, whether there is a natural environment that can be preserved to a reasonable degree by the ISF and
whether the environment which the lSF seeks to preserve can exist without material injury to water rights.
2 CCR 408-2.5.51 through 5.53.

Mr. Seegers believes that application of these rules requires the Board to reject or limit the proposed
Texas Creek appropriation for the following reasons:

1. The reach of Texas Creek for which the appropriation is proposed, and the overall drainage
which may be affected by the appropriation, has been historically and predominately developed
. for irrigated ranching. The imposition of an ISF affecting this area is inconsistent, and can only
conflict, with the continuation of legitimate water uses on Texas Creek and its tributaries. The
use and value of Texas Creek after it leaves national forest lands is primarily for irrigation,
stockwater, domestic and other agricultural uses; its value as a fishery within the recommended
reach is, at best, secondary. The environment, and associated water rights, which needs to be
preserved, and promoted, in the area which would be affected by the proposed ISF is the
agricultural economy. Rules 5.51 and 5.52.

White & Jankowski, L.L.P.
Kittredge Building. sn Sirteenth Street, Suite 500, Denver, Colorado 80202
[phone] Fax [phone] [e-mail]