Board Meeting 01/14/1985

• Board Meeting Date: 1/14/1985
• Description: Agenda, Minutes, Memos
• Board Meetings - Doc Type: Meeting

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COLORADO WATER CONSERVATION BOARD
Department of Natural Resources
721 Scate Centennial Building
1) 13 Sherman Street
Denver, Colorado 80203
Phone: (30)) 866,)441

STATE OF COLOR.ADO
o

M E M 0 RAN DUM

Richard O. lamm
Governor
J. William McDonald
Director
David W. Walker
Deputy Director

TO:

Members, CWCB

FROM:

Bill McDonald, Director

DATE:

January 7, 1985

SUBJECT: Agenda Item 9a, January 14-15, 1985, Board Meeting
Ratify Statement of Opposition
Case No. 5-84CW334, Larry and Dana Oarien, Rapid Creek

Background

The applicants, Larry and Dana Darien, own an absolute water
right for 3.2 cfs on Rapid Creek which was decreed in 1903 and
changed to its present location and uses on Prospect Ranch in
1971. On March 17, 1980, the CWCB obtained an instream flow of 4
cfs for the entire length of Rapid Creek. Rapid Creek, which is
tributary to the Crystal River, is a small watershed draining
approximately 7 square miles. The watershed is fairly steep
except for the lower reach near the confluence.

Applicant's Proposal

The applicants propose to build a small scale hydroelectric
plant on their ranch near Marble, Colorado. This would be
accomplished by expanding the uses of the existing 3.2 cfs water
right and moving the water right point of diversion approximately
4,000 feet upstream to an historic point of diversion. In
addition, the applicants have also filed for a junior water right
in the amount of 15 cfs for diversion at this upstream point on
Rapid Creek.

Staff Action

The applicant's engineer first contacted the CWCB and
Division of Wildlife (DOW) with this proposal back in June,
1984. They requested that the conditions on Rapid Creek be
reevaluated in connection with their proposal. As a result,
further field investigations were made by the CWCB and DOW

722
lar/dan