BOARD00186

• Board Meeting Date: 12/9/1998
• Description: ISF Section - Notice to Appropriate Instream Flow Water Rights in Water Division 2, Fourmile and Tennessee Creeks
• Board Meetings - Doc Type: Memo

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Colorado Water Conservation Board
Department of Natural Resources
721 Centennial Building
131 3 Sherman Street
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]

STATE OF COLORADO

8

MEMORANDUM

Roy Romer
Governor

TO:

Colorado Water Conservation Board Members

James S. Lochhead
Executive DireCor, DNR
D<l.ries C. Lile, P.E.
Director, ewes
Peter H. Evans
Acting Director, eWeB

FROM:

Dan Merriman
Mark Uppendahl

DATE:

December 9,1998

SUBJECT:

December 9,1998, Special Board Meeting--
Instream Flow Program - New Appropriations
Notice to Appropriate Instream Flow Water Rights in Water Division 2
Fourmile and Tennessee Creeks

GENERAL BACKGROUND
This meeting is a continuation of Agenda Item 7c from the CWCB's November 23-24, 1998, Board
meeting. For general background, please refer to the memorandum prepared for the November 23-24,
1998, meeting. The following staff recommendation replaces the staff recommendation provided in the
November memo on Agenda Item 7c.

REVISED STAFF RECOMMENDATION
For each stream discussed, the staff recommends that the Board:

(l) Determine. pursuant to section 37-92-102(3), CRS, and based upon the recommendation of
the CDOW, USFS and BLM, a review of the data and other information presented by the
staff, in this memo and orally, and the staffs recommendation for instream flow
appropriations on the streams identified; that:
(a) A natural environment does exist on each stream;
(b) Water is available in each stream for appropriation;
(c) The natural environment will be preserved to a reasonable degree by the water
available for the recommended appropriations;
(d) There is a natural environment that can be preserved to a reasonable degree with the
recommended water rights, ifgranted; and
(e) Such natural environment can exist without material injury to water rights.

(2) Appropriate, based on these determinations, the recommended instream flow water rights on
the streams listed in the attached notices, said appropriations being for such waters as have
been determined to be required for minimum stream flows to preserve the natural
environment to a reasonable degree and claim an appropriation date of December 9, 1998.

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