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<br />TISDEL, HOCKERSMITH, MUELLER & <br />McINTOSH, P.C. <br /> <br />ATTORNEYS AT LAW <br /> <br />645 SECOND STREET <br />POST OFFICE BOX 646 <br />OURAY, COLORADO 81427 <br /> <br />MICHAEL D. HOCKBRS:MITH <br />ANDREW A. MUELLER <br />SUSAN L. McINTOSH <br />ROGERF. SAGAL <br /> <br />TELEPHONE (970) 325-4414 <br />FACSIMILE (970) 32S~ 7333 <br /> <br />April 29, 2002 <br /> <br />RlCHARD P. TISDEL <br />(1943-1999) <br /> <br />VIA UPS OVERNIGHT MAil AND <br />VIA FACSIMilE: 303.866.4474 <br />Mr. Mark Uppendahl <br />CWCB <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />RE: Notice to Contest <br />Request for Party Status <br />Specie Creek Instream Flow <br /> <br />Dear Mr. Uppendahl: <br /> <br />This firm represents the interests of Wolf Land Company ("Wolf") which owns two <br />decreed water rights located in San Miguel County which have Specie Creek as <br />their source of water. Both of these water rights, are upstream from the proposed <br />Instream FlOw. After reviewing the CWCB's announcement of its intent to file an <br />Instream Flow on the lower reaches of Specie Creek, Wolf Land Company must <br />protest. Our decision to contest the CWCB's intent to file is based upon several <br />factors, including but not limited to the following: <br /> <br />1. It is the position of Wolf that the stretch of Specie Creek identified does <br />not support a natural rainbow Trout fishery as claimed. The Creek, based upon <br />personal observation of ranch employees, frequently has a non-existent and/or <br />intermittent flow which does not support any kind of viable fishery. <br /> <br />2. Based upon Wolf's employee's observations, frequently there is not <br />enough water to satisfy Wolf's flow rights, there is not and will not be enough <br />water down stream to support the CWCB's proposed flows. <br /> <br />3. The amounts claimed are presented by the CWCS as a continuous 3.2 <br />mile reach. Due to the intermittent nature of the stream it is not equitable or <br />accurate to file on one reach of the stream. It is our respectful suggestion that <br /> <br />I <br />