BOARD00480

• Board Meeting Date: 5/23/2005
• Description: ISF Section - Uncontested Cases Horsefly and Cottonwood Creeks - Additional Language Included
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

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Colorado Water Conservation Board

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

To:

Colorado Water Conservation Board Members

Bill Owens
Governor

From: Dan Merriman
Todd Doherty

Russell George
Executive Director

Rod Kuharich
CWCB Director

Date May 12, 2005

Dan McAuliffe
Deputy Director

Re: Agenda Item 21.3, May 24-25, 2005- Board Meeting
Stream and Lake Protection - Uncontested Cases
Horsefly and Cottonwood Creeks-Additional Language Included

General Background
At the January 2005 Board meeting, the CWCB members formed their intent to appropriate instream flow
water rights on Horsefly Creek (02/04/B-030) and Cottonwood Creek (04/4/A-002). Both of these
streams are located in Water Division 4 and in Montrose County. Also at this time, the Board directed
Staff to work with concerned parties to resolve the issues associated with these proposed instream flow
appropriations.

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Resolution of Concerns
On March 18,2005, CWCB Staff met with the Southwestern Water Conservation District (SWCD) Staff,
local w-'lter users, BLM, USfS _ and .Montrose and _San Miguel <:;ounty officials _ ~nd Staff to discul's the
Proposed instream flow appropriations as well as terms and conditions to be included in the applic~tions.
Since this meeting, CWCB Staff and the SWCD have agreed upon terms and conditions to be included in
the applications for appropriation on Horsefly and Cottonwood Creeks. Based on these terms and
conditions, the SWCD did not file a Notice to Contest and supports the application for instream flow water
rights on these streams (see attached letter from SWCD).

At the March 22, 2005 CWCB meeting, Sara Dunn, attorney for Eldred Colorado Family Partnership,
stated that her client had some concerns related to the proposed instream flow appropriation on Horsefly
Creek. A Notice to Contest was filed on behalf of the Eldred Colorado Family Partnership on March 31,
2005. Since the Notice to Contest was received, Staff has been working with their attorney and engineer
to arrive at acceptable terms and conditions. As of the date of this memo Staff has not yet reached
resolution but hopes to present a stipulation to the Board at its May 2005 meeting.

Staff Recommendation:
Staff recommends that the Board direct Staff to request the Attorney General's Office to include the
attached terms and conditions in the applications and decrees for these instream flow appropriations on
Horsefly and Cottonwood Creeks. Staff will ask the Board to take final action on Cottonwood Creek in
Agenda Item 21.1, and may ask the Board to take final action on Horsefly Creek if Staff has entered into a
stipulation with the Eldred Colorado Family Partnership.