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<br />Mar-30'~005 10:30am From-SOUTHWEST WATER CONSERVATION DIST <br /> <br />+97D-ZS9-S423 <br /> <br />T-OIO P.002/004 F-02S <br /> <br />THE SOUTHWESTERN WATER CONSERVATION DISTRICT <br /> <br />^ Munir.:I,,~1 DidIrJ(:1 t)fa/JTllll~ lIlItIM Jl.lJJJ<l WI"", FN JJ6Vlliu/"'len~ o\nd CQIIJr.rvJll/oo or Tlil" WnlCll In Th~ <br />.'11\N' lUhN ANI) WLOIUi') (dvnRS ANI) 'CllOlR Tlln.u/rhR.lES <br />IN f10LITlTWB~wJ BkN C01..OIV.DO <br /> <br />. <br /> <br />March 30, 2005 <br /> <br />We.t llullding-841 S'condAvennc <br />Post OffiCI.< no~475 <br />DURANGO, COLORADO 81302 <br />(970) 247.1302' F.. (9711) 259.R423 <br /> <br />Rod Kuharich, Director <br />Colorado Water Conservation Board <br />131.3 Shelman Street, Room 721 <br />Denver, Colorado 80203 <br /> <br />Re: Instrearn Flow Appropriation for Horsefly and Cottonwood Creeks <br /> <br />Dear Mr. Kuharich: <br /> <br />The CWCB Board, at the January 2005 meeting, approved the process to formally apply for <br />instream flow appropriations on Horsefly and Cottonwood Creeks in the San Miguel River <br />drainage. Both of these streams are within the Southwestern Water Conservation Dil>tri.ct <br />(SWCD). The SWCD Board had concerns with the impact of these appropriations on existing <br />. absolute and conditional water rights and undecreed water usage. The Horsefly appropriation <br />would be for 13 cfs from Aprill to June 5 and the Cottonwood appropriation would be for 3 ds <br />from April 1 to June I S. In order to resolve the concerns, SWCD sponsored a meeting in <br />Norwood between local water users; CWCB staff, BLM staff, and others interested parties on <br />March 18, 2005. Conceptual terms and conditions were discussed at the meeting to resolve the <br />concerns. Subsequently, the CWCB and SWCD representatives agreed to terms and conditions <br />to resolve the SWCD concerns, which are attached. <br /> <br />. <br /> <br />! -- <br /> <br />- -I. <br /> <br />The eWeB staff haS agreed'to reconimend to the CWCB Board that. these terms and conditions <br />be included in 1he applications for appropriation on Horsefly and Cottonwood Creeks. Based on <br />the staff recommendation, SWCD will not be filing a "Notice of Contest" to the appropriations <br />by March 31, 2005. SWCD concurs with the staff recommendation and supports the application <br />for in stream flow water rights on these streams, which include terms and conditions in exactly or <br />substantially in the attached fonn. <br /> <br />SWCD appreciates the time and effon of CWeB staff to meet with SWCD and local water users <br />to resolve the issues. Please contact Steve Ii ams, S WCD Engineer, if you have any questions or <br />comments. <br /> <br />s~~ V;~ <br /> <br />Fred Kroeger, President <br />SWCDBoard <br /> <br />Cc Don Schwindt <br />SWCD Board <br />