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<br />~ - .. , <br /> <br />Colorado Water Conservation Board <br />Page 2 <br /> <br />y~ \. <br /> <br />" <br /> <br />right for the reach of Annstrong Creek extending from the creek's <br />headwaters to its confluence with Elkhead Creek. <br /> <br />At its January 2006 meeting, the Board declared its intent to <br />appropriate an instream flow water right for a reach of Annstrong <br />Creek with a higher downstream terminus than DOW and CWCB <br />staff recommended. <br /> <br />The Board's decision to shorten the reach of the instream flow <br />appropriation for Armstrong Creek was arbitrary, capricious and <br />unsupported by the facts before the Board. <br /> <br />b. TU will rely on CWCB staff reports and memos about the subject <br />recommendations, including all attachments and appendices, and any other public <br />information, such as stream gage records. <br /> <br />c. TU reserves the right to identify additional contested facts and issues, and <br />additional data and documents upon which it may rely as new information <br />becomes available. <br /> <br /> <br />mined this 28th day of March, 2006. <br /> <br />'. <br /> <br />..... <br />Andrew Petemell. Reg. No. 32455 <br /> <br />ATTORNEY FOR TROUT UNLIMITED <br /> <br />. <br />