BOARD00819

• Board Meeting Date: 11/23/1998
• Description: ISF Section - New Appropriations - Notice to Appropriate Instream Flow Water Rights in Water Division 2 - Fourmile and Tennessee Creeks
• Board Meetings - Doc Type: Memo

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physically available in each stream, analyzed the water rights tabulation for each stream and consulted
with the Division Engineer's Office to identify any potential water availability problems. Based upon
its analysis, the staff has determined that water is available for appropriation on each stream to
preserve the natural environment to a reasonable degree without limiting or foreclosing the exercise
of valid existing rights.

STAFF RECOMMENDATION

For each stream listed in the attached List ofISF Recommendations, the staff recommends that
the Board:

(1) Determine. pursuant to section 37-92-102(3), eRS, and based upon the recommendation
of the CDOW, USFS and BLM, a review of the data and other information presented by
the staff, in this memo and orally, and the staff's recommendation for instream flow
appropriations on the streams identified; that:

(a)
(b)
(c)
(d)
(e)

A natural environment does exist on each strearn;
Water is available in each stream for appropriation;
The natural environment will be preserved to a reasonable degree by the water
available for the recommended appropriations;
There is a natural environment that can be preserved to a reasonable degree with
the recommended water rights, if granted; and
Such natural environment can exist without material injury to water rights.

(2) ApproDriate, based on these determinations, the recommended instream flow water rights
on the streams listed in the attached notices, said appropriations being for such waters as
have been determined to be required for minimum stream flows to preserve the natural
environment to a reasonable degree.

(3) Request, the Attorney General's Office to file the necessary water rights applications.

Attachments (4)

DCM/mlu

C:\MARK\NEW _RECS\DIV _2\1998\ WPlFour _Ten_oks _(2),docs
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