BOARD00625

• Board Meeting Date: 7/26/2006
• Description: ISF Section - Contested ISF Case - Arkansas River
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX. [phone]
www.cwcb.state.co.us

To:

Bill Owens
Governor

Colorado Water Conservation Board Members

From: JeffBaessler
Todd Doherty

Russell George
Executive Director

Rod Kuharich
CWCB Director

Date July 12, 2006

Dan McAuliffe,
Deputy Director

Re: Agenda Item 25, July 24-26, 2006- Board Meeting
Stream and Lake Protection - Contested ISF Case (Arkansas River)

At the May 2006 CWCB meeting, the Board declared its intent to appropriate an instream flow
water right on the Arkansas River between Pueblo Reservoir and Fountain Creek in the vicinity
of Pueblo in Water Division 2. At that time, the Board adopted a modified hearing schedule,
which provided for a deadline of June 30, 2006 to file a Notice to Contest. This memo lists all of
the Contested Parties and Participants received by staff thus far. Upon receipt of two Notices to
Contest, staff provided notice to all persons on the Instream Flow Subscription Mailing List of
this appropriation's status as a contested stream and will be accepting Notices of Party Status and
Participant Status through July 31st. The Notices to Contest and Notices for Party/Participant
Status received to date are attached. Pursuant to Rule 51.(4), where a contested ISF appropriation
is based fully or in part on another agency's recommendation pursuant to Rule Sa., that agency
shall automatically be a Party in any proceeding. Based on Rule 51.(4), the Colorado Division of
Wildlife will be a party to the contested stream proceedings.

Contesting Parties:
Colorado Springs Utilities
Pueblo Board of Water Works

Request for Party Status:
City of Pueblo
Bureau of Reclamation
Trout Unlimited
Upper Arkansas Water Conservancy District (Participant Status)

Staff Recommendation
Staff recommends that the Board designate a Hearing Coordinator and set hearing dates for the
Arkansas River instream flow appropriation in conjunction with the November 2006 CWCB
meeting.

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