BOARD00285

• Board Meeting Date: 7/18/2005
• Description: ISF Section - Contested Instream Flow Appropriations Request to Table Until 2006
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX, [phone]
www.cwcb.state.co.us

To:

Colorado Water Conservation Board Members

Bill Owens
Governor

From: Dan Merriman
Todd Doherty

Russell George
Executive Director

Rod Kuharich
CWCB Director

Date July 6, 2005

Rick Brown
Deputy Director,
Acting

Re: Agenda Item 14a, July 18-20,2005- Board Meeting
Stream and Lake Protection - Contested Instream Flow Appropriations
Request to Table until 2006

Background
On January 25, 2005, the CWCB formed its intent to appropriate instream flow water rights on
several stream segments within the North Fork and the Smith Fork Gunnison River basins. Since
that time, concerns were raised regarding these proposed filings and Notices to Contest were
received by the CWCB. Generally, the concerns expressed were based upon the large number of
undecreed water uses within the basins and the perception that the in stream flow appropriations
may prevent future water development. Staff has held several public meetings in Hotchkiss and
Crawford to better inform the public of the Board's action and to help answer any questions and
concerns regarding the proposed in stream flow appropriations. At the March 2005 and May
2005 CWCB meetings, continued concerns regarding the proposed filings were raised.

Typically, at the May CWCB meeting, the Board would set hearing dates for contested instream
flow appropriations. Due to the concerns discussed above, Staff recommended that the Board
adopt a modified hearing schedule at the May 2005 meeting, effectively delaying the process an
additional two months. After much discussion from the Board and hearing public comment, the
Board (1) approved Staffs recommendation and delayed the hearing process for an additional
two months, (2) committed $5000 in matching funds with the Colorado River Water
Conservation District ($10,000 total) to assist local water users in identifying and quantifying
existing uses as well as future uses and providing additional water availability analyses within
the basin, and (3) directed CWCB Staff to report back to the Board at the July 2005 CWCB
meeting describing the status of these efforts. The Board stated that it would then make the
decision whether to table the ISF appropriations until 2006 (to allow the local water users
additional time to firm up their existing and future water rights) or proceed with the contested
case hearing process. In addition to the $10,000 committed by the CWCB and the CRWCD, the
CWCB is redirecting resources from the Statewide Water Supply Initiative (SWSI) to assist in
this effort.

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