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<br /> <br />Board of Water Works <br />of Pueblo, Color<.\do <br /> <br />319W, 4th Slreet . P.O.Bo.400 . Pueblo, Colorado 81002.0400 . 719/584-0250 <br /> <br />June 30, 2006 <br /> <br />Mr. Rod Kuharich, Director <br />Colorado Water Conservation Board <br />Department of Natural Rellources <br />1313 Shennan Slreet, Room 721 <br />Denver, Colorado 80203 <br /> <br />Subjed: Notice to Contest Arkansas River ISF Appropriation <br /> <br />Dear Mr, Kuharich: <br /> <br />. <br /> <br />~uant to Rule 5k of the Rules Concerning the Colorado Instream Flow and Natural Lake <br />Level Program of the Colorado Water Conservation Board (CWCB), the Board of Water Works <br />of Pueblo, Colorado. hereby submits this Notice to Contest the Arkansas River ISF <br />AppropriatIOn located from the fish hatchery below Pueblo Dam to the confluence of the <br />Arkansas River with Fountain Creek. The Board of Water Worlc.s supports the proposed <br />appropriation and submits this Notice to Contest only to request that admimstration of the [SF be <br />consistent with the terms of the Arkansas River Flow Management Program, described below. <br /> <br />The Board of Water Works is an independent Board established WIder Article IS of the Charter <br />of the City of Pueblo. The Board owns numerous water rights, water storage, raw water <br />treatment and water distribution facilities that it uses to serve tts customers. Its water rights <br />include senior water rights in the Arkansas River and water rights unported from the Colorado <br />River Basin. The Board of Water Works also has decreed senior appropriative rights of <br />exchange on the Arkansas for 120 c.f.s. from below the proposed ISF to points in the upper reach <br />and upstream of the proposed ISF. Included in these water rights are several senior direct flow <br />water rights with decreed pOints of diversion on the Arkansas River in the reach of the CweB's <br />proposed ISF. These diversions plus the diversions by other water right holden; in the reach <br />means that there will be a great deal of variability of flow at different sections of the reach. <br /> <br />The Board of Water Works is a signatory to the Intergovernmental Agreement among the City of <br />Pueblo, the City of Aurora, the Southeastern Colorado Waler Conservancy District, the Ctly of <br />FOlU1tain, the City of Colorado Springs, and the Board of Water Works of Pueblo, dated May 27, <br />2004, 11Jis agreement, along with the Intergovernmental Agreement among the City of Pueblo, <br />the City of Colorado Springs and the Board of Water Works of Pueblo, Colorado, dated March 1, <br /> <br />. <br />