BOARD01064

• Board Meeting Date: 7/24/2000
• Description: ISF Section - Proposed Stipulation - Case No. 1-94CW273, City of Littleton ‎(South Platte River)‎
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board
Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.dnr.state.co.us!cwcb

Q

Bill Owens
Governor

MEMORANDUM

Greg E.Walcher
Executive Director

To:

Dan McAuliffe
Acting eweB
Director

Colorado Water Conservation Board Members

From: Dan Merriman
Ted Kowalski

Date: July 17,2000

Re: Agenda Item 5.a, July 24-25, 2000, Board Meeting --
Stream and Lake Protection - Proposed Stipulation
Case No. l-94CW273; City of Littleton (South Platte River)

GENERAL BACKGROUND

The Board ratified the Statement of Opposition filed in this case at its March 13-14, 1994,
meeting. This is an application for surface water rights for instream uses on the South Platte
River near Littleton in Arapahoe County, Applicants are seeking absolute and conditional water
rights for recreational and piscatorial uses. Applicants originally identified twenty structures
(boulder clusters, deflectors, and boat chutes) within this segment of the river that would be
relied upon to accomplish the proposed purposes. Littleton claimed 100 cfs absolute year-round
for recreational flows, and 70 cfs in the summer and 30 cfs in the winter for piscatorial purposes.

The CWCB entered a statement of opposition in this case, in part, because Section 37-92-102(3),
C.R.S, (1999) provides: ". . ,no other person or entity [other than the CWCB] 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."

At the May 22-23, 2000, Board meeting, the Board considered a confidential memorandum from
Susan Schneider from the Office of the Attorney General ("AGO"), That memorandum
explained the legal issues regarding this Application. Shortly after the May 2000 Board meeting,
the CWCB and AGO Staffs met with the Applicant's lawyer and engineer to discuss the Board's

Flood Control and Floodplain Management -Larry Lang, Chief. Water Project Planning and Construction- Mike Serler, Chief.
Instream Flows and Water Rights Investigations-Dan Merriman, Chief. Interstate Streams Investigations-Randy Seaholm, Chief.
Office of Conservation Planning-William Stanton, Chief. Personnel3Ild Budget -Susan Maul, Chief