BOARD00326

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

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Creek, does that also changeth~ total at the New Mexico state line?
MR. STAPLETON: I don.'t know why that's. there. : Could you explain th~t?

MR. HELTON: . That doesn't belong on
another error that we didn't catch.
Mexico state line.

MR. JACKSON: Is the rest of the list that accurate?

the list at. all. That's just .
Strike out that Colorado to New

MR. STA!'LETON: All right, are there further discussions by members. of
the Board? Do any members of the audience have any remarks they care
to make? Mr. Beise. Would you mind going back to. the. podium? Even
though you come all the time, we would remind you of the procedures.
We would ask you to identify yourself. Charles J. Beise, wealthy
attorney from Denver. Tell us who. you're representing, if you will
please.

MR. BEISE: Mr. Chairman, my name is Charles J, Beise, attorney at law,
for the Southeastern Colorado Water Conservancy District,

I would like to comment on the proposed minimum dows in Lake County,
Halfmoon Creek, Lake Fork Creek. There are a number of them on that
first page.

The Fryingpan-Arkansas Project has three complications:with;minimum .
flows, and briefly they are these: One, and we've run into this before
with the Board, the project proposes to voluntarily permit farmers to
cease winter irrigation east of Pueblo, storing all or part of their
flows in Pueblo Reservoir for use during the irrigation season, ~nd.:
some months back when you filed on Gageby Creek, which is under the
Fort Lyon Canal seepage are~, we were concerned lest taking of the
minimum flows might prevent the Fort Lyon Canal from entering into a
winter water storage program.

I approached Dave Robbins, Mr. Sparks, Duane Helton, and we stipulated
in that case, and the decree was entered that it;would not interfere.
with the operation of the Fryingpan-Arkansas Project under the operating
principles.

Two other concepts then that would not apply to Lake County, but it
illustrates the problem. There are two concepts of the operation that
do apply to Lake County. One, we introduced foreign waters, and same
of those may be introduced in parts of same of these streams. Those
are waters from the Fryingpan and Roaring Fork.

The thi~d area that I briefly mentioned is that you never:build a
project the magnitude of the Fryingpan-Arkansas or Colorado Big Thompson
or any of these projects where everything is built precisely to size,
the specifications, the point, the grade, . the whole thing, and
invariably after you get the conditional decree, you go back in and get
a change of water rights.

Now, in the old days. we used to have t9 conform the project's decrees

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