BOARD00332

• Board Meeting Date: 9/13/2005
• Description: ISF Section - Proposed Stipulation - Horsefly Creek, Montrose County
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Slree'. 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 September 1, 2005

Dan McAnlilfe
Depnty Director

Re: Agenda Item 21, September 13-14, 200S- Board Meeting
Stream and Lake Protection - Horsefly Creek
Proposed Stipulation

Background
On January 25, 2005, the CWCB formed its intent to appropriate instream flow water rights on
Horsefly Creek (Montrose County). Staff received a Notice to Contest for this instream flow
appropriation by the March 31 5t deadline from the Eldred Colorado Family Limited Partnership.
Also, CWCB Staff received a Notice of Party status for this appropriation on April 13, 2005
from Trout Unlimited and the Bureau of Land Management. All parties have submitted
prehearing statements with the CWCB and a prehearing conference is scheduled for September
8, 2005.

Horseflv Creek
Staff and the Attorney General's Office are working with all parties towards resolving the
Contestant's concerns and believe that we will obtain terms and conditions, thus avoiding a
hearing at the November 2005 CWCB meeting. At the time this memorandum was written, Staff
believes that all parties will agree upon acceptable terms and conditions prior to the September
14,2005 CWCB meeting.

Staff Recommendation
If Staff has stipulated with all Parties, Staff will request the Board to ratify the proposed
stipulations and take final action on the instream flow appropriation on Horsefly Creek.
For each stream listed in the attached Instream Flow Recommendation Tabulations, the staff
recommends that the Board:

(I) Ratify the proposed stipulation between the CWCB, BLM, Trout Unlimited and the
Eldred Colorado Family Limited Partnership,
(2) Determine, pursuant to section 37-92-102(3), CRS, and based upon the recommendations
of the BLM, a review of the data and other information presented by Staff, in this and previous
memos and orally, and Staffs recommendation for instream flow appropriations on the stream
identified; that: