Laserfiche WebLink
<br />Colorado Water Conservation Board <br />August 26, 1998 <br />Page 4 <br /> <br />instream flow right until it determines if and where a "natural environment [exists] that can be <br />preserved to a reasonable degree by the Board's water right." C.R.S. ~ 37-92-102(3)(c). <br /> <br />The important point is that the intent to appropriate requires a specific knowledge of the <br />scope of the water right being sought and a "definite commitment" towards that specific right. It <br />is impossible for the Board to have that specific knowledge or that definite commitment until <br />such time as it makes its threshold statutory findings required pursuant to C.R.S. S 37-92- <br />102(3)(c). The staff's recommendations regarding the statutory findings are not a substitute for <br />the Board's intent. <br /> <br />We hope the above explanation conveys the concern that The Eagle Sky Foundation, Inc. <br />has with respect to any appropriation date prior to September 21, 1998, the CWCB may claim for <br />an instream flow right on Tennessee Creek. We would be pleased to meet with the CWCB staff <br />or Counsel to discuss this matter further. . <br /> <br />Sincerely, <br /> <br />G & JOHNSON LLP <br /> <br /> <br />.chael F. Browning <br />Counsel for The Eagle Sky Foundation, Inc. <br /> <br />cc: Dr. I.D. McKean, Ir. <br />Gary Thompson <br /> <br />e <br /> <br />e <br /> <br />e <br />