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<br />Agenda Item 7: New Instream Flow Filings <br /> <br />TU supports the Board's continued efforts to appropriate water for instream flow <br />protection and urges the Board to move forward with filings on the entire slate of streams <br />proposed today. We would also like to offer specific comments on three of the proposed <br />appropriations, <br /> <br />1. Muddy Creek. The staff recommendation for appropriation on this stream is 105 cfs <br />(from 5/15-6/30), 70 cfs (from 7/1-7/14 and 5/1-5/14), and 20 cfs (from 7/15-4/30). <br />The proposed winter filings were reduced from the recommended 35 cfs to 20 cfs <br />based on water availability, However, the 20 cfs filing is listed as covering not only <br />the winter low flow season, but also the period from July 15 through September - a <br />time when (based on the hydrograph presented in the Board memo) sufficient water <br />for a 70 cfs appropriation appears to be available. We have been told that operations <br />at Wolford Mountain Reservoir could result in flows less than 70 cfs during these <br />months in some years, However, theinstream flow rights would be junior and should <br />pose no threat to Wolford Mountain rights, Based on the Division of Wildlife's ' <br />biological recommendation for greater summer flows (105 cfs was recommended), <br />we urge the Board to appropriate 70 cfs for the months of July, August, and <br />September. This will provide more reasonable protection for the natural environment <br />in Muddy Creek, particularly against future development. <br /> <br />2, Tennessee Creek. The Pueblo Board of Water Works and Eagle Sky Foundation <br />have expressed concern about the Board's instream flow filings in relation to filings <br />they either plan to make (pueblo) or made after the Board formed its intent (Eagle <br />Sky). Trout Unlimited urges the Board to go forward with its filing, claiming January <br />as its appropriation date, and let the prior appropriation system work. Those who <br />wish to appropriate water on Tennessee Creek after the Board can proceed with their <br />use as any other junior user can - without injury to the Board's senior instream flow, , <br />either from exchange, diversion or inundation, <br /> <br />3. Four Mile Creek. Several entities with plans for uses on this Creek have expressed, <br />concern about the Board's filings here, even though these entities do not now have <br />applications pending in water court, The major concern seems to be that the Board's <br />appropriation of instream flows may limit junior uses or exchanges, Of course, that is <br />the very purpose of an appropriative instream flow right - to protect the natural' <br />environment against additional future depletions, Junior exchanges or appropriations <br />can move forward, so long as they do not injure the Board's senior rights, Trout <br />Unlimited again urges the Board to move forward with these filings, maintaining its <br />January appropriation date, <br /> <br />Agenda Item Sa: Summary of Resolved Instream Flow Cases <br /> <br />Each of the stipulations presented includes requirements for "measuring devices as may <br />be necessary," These vague statements appear to be intended to require placement of <br />stream gages, if necessary, to ensure that the Board's instream flow rights are not injured. <br /> <br />2 <br />