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. . STATE OF COLORADO Colorado Water Conservation Board Department of Natural Resources 1313 Sherman Street, Room 721 Denver, Colorado 80203 Phone: (303) 866-3441 FAX: (3ll3) 866-4474 www.cwcb.state.co.t.lS .~~CONse"I?t.l! ~ ~ ~ ~ . . ..'9]1' . To: Bill Owens Governor Colorado Water Conservation Board Members From: Dan Merriman Todd Doherty~ Russell George Executive Director Rod Kuharich CWCS Director Date September I, 2005 Dan McAuliffe Deputy Director Re: Agenda Item 20, September 13-14,2005- Board Meeting Stream and Lake Protection - Escalante Creek Final Action Requested GENERAL BACKGROUND On January 25,2005, the CWCB formed its intent to appropriate instream flow water rights on two segments of Escalante Creek (Case Nos. 05/04/A-016 and 05/04/A-017). Both of these proposed instream flow appropriations were recommended to the Board by the BLM and are uncontested. On April 28, 2005, the Board Staff received a written request from the BLM asking to delay final action for these two segments to address a private landowner's questions regarding these proposed instream flow appropriations as well as BLM's planning process for the area (attached). At the May 2005 CWCB meeting, the Board delayed taking final action on Escalante Creek. The BLM staff feels it is now appropriate for the Board to move fOIWard with the appropriation process (attached-signed version in file). Pursuant to Rule 5h. of the Instream Flow and Natural Lake Level Rules ("ISF Rules"), the two stream segments of Escalante Creek are being recommended to the Board for Final Action. These stream segments have been noticed pursuant to the ISF Rules and the public was afforded an opportunity to comment pursuant to Rule 5g. at the March 2005, CWCB meeting. These stream segments are located in Water Division 4 in Mesa, Montrose and Delta counties and are listed on the attached instream flow tabulations. TECHNICAL INVESTIGATIONS The Board was provided detailed information regarding all field data, studies and analyses for each stream segment at the January 25, 2005 Board meeting. At that meeting the Board declared its intent to appropriate the specific instream flow water rights.