BOARD01040

• Board Meeting Date: 3/21/2002
• Description: ISF Section - Case No. 4-01CW228 City of Pueblo
• Board Meetings - Doc Type: Memo

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Consent Agenda Item Ij
Case No. 2-0ICW260; City of Pueblo

A.vplication Summary

This is an application for a recreational in-channel diversion near the City of Pueblo (see attached
map).

CWCB Appropriations

N/A.

Potential for Iniury

The Applicant is seeking an in-channel diversion for boating, fish and wildlife habitat,
piscatorial, and general recreational uses. Pursuant to Section 37-92-102 (3), C.R.S, (1990), "the
Colorado water conservation board is hereby ve~ted with the exclusive authority. .. to
appropriate. . . such waters of natural streams and lakes as the board determines may be required for
minimwn streanl flows or for natural surface water levels or volwnes for natural lakes to preserve
the environment to a reasonable degree... no oth~r person or entity [other than the Board] shall be
granted a decree adjudicating a right to water or interests in water for instream flows in a stream
channel between specific points, ..., for any purpose whatsoever." Some of the Applicants
proposed uses may violate this statutory language. Pursuant to Sections 37-92-1 02(5) & (6), the
Board is required to consider certain factors an(1 make findings thereon. The Board must make
these findings to comply with Sections 37-92-102(5) & (6).

Other Obiectors

The other objectors in this case are: the Holebrook Mutual Irrigating Co.; the Fort Lyon Canal
Co.; the Arkansas Valley Ditch Association; Trout Unlimited; the Colorado River Water
Conservation District; the Otero County Board of County Commissioners; the City of Fountain;
the City of Aurora; the District 67 Irrigation Ca1lal Co.; Public Service of Colorado; the State
Engineer and the Division Engineer for Water Division No.2; the Rocky Ford Ditch Seller's
Group; and the Upper Arkansas Water ConserviUlcy District.

L:\Seclion Folders\SECC\Case Files\2001 \20 I CWl60 _ mem,doc