BOARD00820

• Board Meeting Date: 7/26/2006
• Description: ISF Section - Pine River Proposed Water Donation - La Plata County
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural R.esources
1313 Sherman Street. Room n I
Deny"" Colorado 80203
Phone: [phone]
FAJ{:(~3)866e4474
www.cwcb.5.tate.co.U!

Bill Owe..
Governor

MEMORANDUM

Russell George
Executive Director

To:

Rod Kuharich
CWCB Directo'

Members, CWCB

From:

Dan McAuliffe
Deputy Director

Anne Janicki

Date:

July 11, 2006

Subject:

Agenda Item 24 - July 24-25, 2006 Board Meeting
Stream and Lake Protection Section
Pine River Proposed Water Donation (La Plata County)

Staff has received the attached proposed Donation Agreement from the Pine River Irrigation
District (PRill) and the Southern Ute Indian Tribe (Tribe). PRill and the Tribe are requesting the
Board to initiate formal consideration of this proposal. Pursuant to statute, the Board will have 120
days from the date of this meeting to consider their offer.

Background

The Pine River (aIkIa Los Pinos River) is located in southwest Colorado, approximately 18
miles east of Durango near the Town of Bayfield. The Division of Wildlife has classified the Pine
River as a large river (over 100 feet wide) and has indicated that it supports a self-sustaining Brown
and Rainbow Trout population. In the lower reaches, the river supports populations of Mottled
Sculpins, Speckled Dace, White Suckers, Bluehead Suckers and Flannelmouth Suckers. The CWCB
holds an instream flow right for the Pine River upstream from Vallecito Reservoir for 32 cfs which
was decreed in Case No. 84CW283. The Board does not currently hold an instream flow right on the
Pine River downstream from the reservoir.

Over the years, local residents and other interests have contacted staff and requested that the
Board consider an instream flow appropriation on the Pine River downstream from Vallecito
Reservoir to preserve the natural environment. Staff added the Pine River to the Instream Flow
Workplan and proposed the stream for consideration at the 2003 Instream Flow Workshop. Staff
subsequently received numerous comment letters both in support of, and opposed to proceeding with
an instream flow investigation on the Pine River. PRill and the Tribe submitted a comment letter
expressing their "strong opposition to CWCB' s consideration of a standard instream flow water right
on the Pine River downstream from Vallecito Reservoir", and suggested an alternative approach

Flood Protection. Water Supply Planning and FmOU'lce. Stream and Lake Protection
Wacer Supply Protection. Conservation and Drought Planning