BOARD00326

• Board Meeting Date: 1/19/1977
• Description: Agenda, Minutes, Resolution
• Board Meetings - Doc Type: Meeting

decision about th~ Hot Creek, but I have a prepared statement I would
like to have entered in the record. We have traveled 250 miles. I
won't take much of your time, but I would like 'to present just one
statement as an afterthought.

MR; STAPLETON: -Fine.

MR. VALDEZ: My name is Vicente Valdez. I'm secretary of the La Jara I.
W~ter Users Association. I'd like .:to present a statement of opposition
to: the Colorado Water Conservation Board proposal to impose minimum
stream flow regulations on surface water rights, in general, and a
statement of opposition in particular to the imposition of minimum
stream flow regulations on Agua Ca1iente, otherwise known as t~e Hot-
Creek.

'~HEREAS, the Colorado Constitution sets forth the Appropriation
Doctrine as the basis for the definition-and protection of water rights
within the .State of Go10rado;~and

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WHEREAS, that doctrine holds that water rights which are first in time
will be first in right as described by written decree; and

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WHEREAS, the holders of water rights on the Hot Creek hold their :rights
collectively with .a11.ditches"flumes, headgatesi water, and water
rights, thereonto belonging, and particularly undivided~interests in -
and to all the water decreed to the Agua Ca1iente (Hot Creek) No. 31,
Priority 31 in District :21 in Conejos; County;. and . ~ -.

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WHEREAS;: the distribution..and sharing of.water from the Hot Creek has
been done by dividing the number of days~water is available propor-
tionately -to the fraction of .:the entire interest held by a; water user
rather than on the basis of quantified cubic feet per second of water;
and

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WHEREAS, any'new ~ppropriato~ on the~Hot Creek will~e an infringe~
ment on existing~appropriators who have undivided interests;to al~'
waters4ecreed to,the Hot'Creek; and

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WHEREAS-, .tp.e Colorado D~yision ~of .w:i;I~life, whtch.is the depa;t:tnent
requesting that minimum,stream flow regulati9ns-be impo~ed, is_~lre~dy
the holder of a water right on Hot Creek; and

WHEREAS, the Division of Wildlife is not in any'way entitled to more
water rights other than that~it already o~s; a~d

WHEREAS, the historical usage of~the ~o~bined rights of: the Hqt Creek 1
only amounts to approximately seven cubic feet per second, which is
only slightly more than the five: cubic feet-per second which are being
requested by the Division of Wildlife as~the minimum stream:flow; and.

WHEREAS,~such an implementation would limit the existing water users
to practica1ly.no water at all; and

WHEREAS, the State. of Colorado, if it is granted a decree on:the Hot,
Creek for the purpose of minimum stream flows, will become an unwilling

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