BOARD00338

• Board Meeting Date: 1/23/2002
• Description: ISF Section - Pending Recreational In-Channel Diversion Applications
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

.

Colorado Water Conservation Board

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

Bill Owens
Governor

To:

CWCB Members

GregE. Walcher
Executive Director

From: Rod Kuharich, Dan McAuliffe, Dan Merriman, Ted Kowalski

Rod Kuharich
CWCB Director

Date: January 14,2002

Dan McAuliffe
Deputy Director

Re: Agenda Item 12, January 23-24, 2002 Board Meeting, Stream and Lake Protection-
Pending Recreational In-Channel Diversion (RIeD) Applications

.

In December, 2001, two entities filed for two different Recreational In-Channel Diversion
water rights applications-the City of Longmont and the City of Pueblo. Copies of the two
applications are attached. Both entities have contacted CWCB Staff, and both entities indicated
that they are interested in working with the CWCB Staffto: 1) delay the deadline under which the
CWCB is required to submit its findings to the water court; and 2) work cooperatively with CWCB
Staff and other water users to develop a decree that will be acceptable to everyone while protecting
certain flows for in-channel recreational uses.

The City ofLongmont's application is for a conditional water right for boating, piscatorial, wildlife,
and general recreational use. Longmont requests this water right for five structures that are to be
constructed within the channel of the St. Vrain Creek in a reach that extends for approximately Yo
mile. Longmont claims an appropriation date of July 10,2001, and it seeks 12 different flow
amounts (a different one for each month), from 68 cfs in January up to 1020 cfs in June.

The City of Pueblo's application is also for a conditional waterright. The uses sought are for
boating, fish and wildlife habitat, piscatorial, and general recreational uses. Pueblo seeks a water
right for nine structures that will be constructed in a reach of river that is approximately 2000 feet
in length. Pueblo claims an appropriation date of December I, 1982, the date when Pueblo retained
engineering services for the design and construction of the Moffat Street Chute. Pueblo is seeking
two different flow amounts-l 00 cfs from November 15 through March 14, and 500 cfs from
March 15 through November 14.

As you know, entities filing RICD applications are required to submit a copy of their application to
the CWCB within thirty days of filing the application with the water court. Neither entity has
formally submitted its application to the 9WCB, but, at this time, those deadlines have not yet
arrived. The Staff intends to work with both parties to seek an extension of time under which the
Board may submit its findings and recommendations, and to develop proposed decrees that satisfy
. the requirements of Senate Bill 216 and the. CWCB rules promulgated thereunder.

Attachments

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning