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<br />,..I' <br /> <br />Colorado Water Conservation Board . <br />Page 2 <br /> <br />right for the reach of Elkhead Creek extending from the creek's <br />confluence with Torso Creek to its confluence with First 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 Elkhead <br />Creek with a higher downstream tenninus than OOW and CWCB <br />S18ff recommended. <br /> <br />The Board' s decision to shorten the reach of the instream flow <br />appropriation for Elkhead Creek was arbitrary, capricious and <br />unsupported by the facts before the Board. <br /> <br />b. TV will rely on CWCB staff reports and memos about the subject <br />recommendations, including all attachments and appendices, and any other public <br />infonnation, such as stream gage records. <br /> <br />c. TV reserves the right to identify additional contested facts and issues, and <br />additional data and documents upon which it may rely as new infonnation <br />becomes available. <br /> <br /> <br />bmitted this 28th day of March, 2006. <br /> <br />. <br /> <br />Andrew Peternell, Reg. No. 32455 <br /> <br />A TIORNEY FOR TROUT UNLIMITED <br /> <br />t <br />