BOARD00194

• Board Meeting Date: 11/25/2002
• Description: Colorado Foundation for Water Education
• Board Meetings - Doc Type: Memo

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OFFICE OF THE EXECUTIVE DIRECTOR
Depa:rtment of Natural Itesources'
1313 Sherman Street, Room 718
Denver, Colorado 80203
?none: [phone]
TDD: (3031 866-3543
FAX: (30l) 866-2115

STATE OF COLOMoO
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DEPARTMENT OF
, NATURAL
RESOURCES

February 11, 1997

Elizabeth Estill, Regional Forester
United States Department of , Agriculture
Forest Service. '
740 Simms street
LakewoOd, CO 80401

. Roy Romer
Governor

James S. Lochhead
Executive Director
Ronald W. Cauany
Deputy Director

RE, Ranging Lake/Dead. Rorse Creek I:nstream Flows

Dear ,Elizabeth:

The Colorado Water Conservation Board filed applications for
instream flows for "all available flows" on the East Fork, ,West
Fork, and mainstemof Dead Horse Creek in December of 1996. The
Board also filed an application to maintain the natural level of
'Hanging Lake. The purpose of these applications is to protect the
natural environment of the Dead Hdrse'Creek Watershed, Bridal veil
Falls and ganging Lake in the white National Forest.

The Board's filings were in response to your letter ,of April 25,
1995, requesting the acquisition of such 'flows, and were the result
of the cooperative efforts of the Forest Service and CwCB staffs.
The recommendation of the Board's staff to 'appropriate,' "all
available flows" was, in large part, based on technical work done
by Forest service personnel,. and the Board's decis)ion to accept the
recommendation was made easier Py testimony of Jim Maxwell before
the Board at it's' November 1996 meeting. I thank the Forest Service
for the technical assistance which made 'these applications
possible. Our cooperative efforts in this endeavor will provide
protection of this unique aquatic environment for ,future
generations;

Incidentally, claims of water right in Dead Horse Creek,' Bridal
Veil Falls and Hanging Lake were also filed in December by Howard
Christopher Lambert & Associates. Mr. Lambert, (who also filed a
placer claim on 80 acres along both 'sides of the East Fork and
mainstem of Dead Horse Creek and Hanging Lake), filed for a right
to bottle, sell and store "artisan spring and mineral water and may
include colloidal mineral involvements ,sales' and ,research &
development. ,,' However, he has claimed' an appropriation date of
December 10, 1996, which would make his right junior to those of
the Board, Which will have'an appropriation date of November 26,
1996. Thus, it'seems that the Board's applications are already at
,work protecting these resources. The CWCB authorized the Attorney
General to file a statement of opposition to this claim. , ,
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, ,
. . Board 6f Land cOmmissioners. Division: of Minerals & Ge~rogY/Geological S'urvey
on -& ~as Conservation C.ommission . Colo~ado Stale Parks. Soil Conservation Board
Water Conservation ijoard . Divisjon of y!ater Resources. Di....ision of Wildlife