Laserfiche WebLink
<br />. <br /> <br />· CWCB staff has conducted a water availability analysis by reviewing historic gage records <br />for the Tennessee Creek, East Fork Arkansas River and Arkansas River near Leadville <br />stream gages, Tennessee Creek diversion. In addition to the above, staff also met with the <br />Steve Witte, the Division 2 Engineer, and his Division 2 water commissioners to discuss <br />any potential water availability issues. <br />· CWCB staff has determined that adequate water supplies exist such that the natural <br />environment may be preserved without limiting or foreclosing the exercise of valid existing <br />water rights. <br /> <br />. Pueblo Board of Water Works (PBWW) - PBWW has provided the staff and Board with <br />information regarding their proposed plan to inundate Tennessee Creek and East Tennessee <br />Creek ISF segments. Staff met with representatives from the PBWW several times to try and <br />resolve any issues both parties may have, On November 4, 1998, staff received a proposed <br />stipulation from the PBWW. The PBWW offered not to "object to such an application by the <br />CWCB provided the CWCB recognizes Pueblo's senior water storage right and appropriative <br />rights of exchange into the proposed Tennessee Creek Reservoir." The PBWW has also <br />expressed concerns regarding the flow rates claimed by the CWCB, however they have not <br />provided the CWCB to date with any information contradicting the Board's water availability <br />analysis or the CDOWs biological recommendation. CWCB and AGO staff have reviewed the <br />PBWWs proposed stipulation and have the following comments: <br /> <br />. <br /> <br />1) PBWWs has not yet filed a water right for the Reservoir or exchange. Staff is willing to <br />consider the PBWWs reservoir as being senior to the Board's Tennessee Creek instream flow <br />(ISF) recommendation if the PBWW files a water rights application with the water court this <br />year and if the necessary information regarding their appropriation date is provided to the <br />Board. If the PBWWs reservoir is senior it would allow the PBWWs to inundate the <br />proposed Tennessee Creek ISF recommendation without mitigation. However, the Board <br />does hold a senior decreed water right on East Tennessee Creek which would have to be <br />mitigated, as per Section 8 of the ISF Rules. <br />2) PBWWs has not yet filed a water right for the proposed exchanges into the proposed <br />reservoir. Staff does not have the information necessary to determine if the PBWWs <br />proposed exchanges into the reservoir would be senior or junior to the Board's instream flow <br />recommendation at this time. <br /> <br />. Eagle Sky Foundation, Inc. (ESF) - ESF has provided the staff with information regarding their <br />amended application for conditional water rights, change of water rights and augmentation plan <br />including exchange. ESF filed their amended application on June 26, 1998. Staff met with <br />representatives from the ESF to try and resolve any issues both parties may have. On October 20, <br />1998, staff received a proposed stipulation from the ESF. The ESF is claiming a senior <br />conditional appropriation date (November 20, 1997) for 8 wells for domestic, municipal, <br />piscatorial, recreational, irrigation, stock watering, and all other beneficial purposes and ESF is <br />claiming senior conditional storage rights for several 100 acre-foot ponds. Applicant also <br />requests a change the type of use and place of use of two senior downstream irrigation water <br /> <br />. <br /> <br />Page 5 of7 <br />