BOARD01128

• Board Meeting Date: 5/23/2005
• Description: ISF Section - Spring Creek Instream Flow Appropriation
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natura! Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
PAX: [phone]
www.cwcb.state.co.us

To:

Colorado Water Conservation Board Members

Bill Owens
Governor

From: Dan Merriman
Todd Doherty

Russell George
Executive Director

Rod Kuharich
CWCB Director

Date May 12, 2005

Dan McAuliffe
Deputy Director

Re: Agenda Item 33, May 24-25, 2005- Board Meeting
Stream and Lake Protection - Spring Creek

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Background
In December 1999, the United States Forest Service ("USFS") applied to the Division 4
Water Court for two water rights associated with Spring Creek, one in the amount of7.5
cfs and another in the amount of .75 cfs, both for irrigation, wildlife, fisheries and stock
watering. The application identified the source of water as springs and seeps occurring
along the riparian corridor of Spring Creek. The CWCB objected to the application
because it appeared that the USFS was claiming a water right in a spring to )llaintain and
preserve the natural environment. The State and Division Engineers also objected to the
application.

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Case No. 4-99CW268
After the USFS filed their application, the Board, on January 23,2002, declared its intent
to appropriate an instream flow ("ISF") water right on Spring Creek for a 0.8 mile reach
beginning at the Spring Outlet extending down to the Downing Ditch in the following
amounts: 2.7 cfs (April IS-August 14); 0.8 cfs (August IS-October 14); and 0.5 cfs
(October IS-April 14), the USFS and Trout Unlimited filed Notices to Contest this
pending appropriation. On July 12, 2002, based upon its negotiations with the parties, the
CWCB Staff filed an Unopposed Motion to Postpone Prehearing Statement Deadlines
and Prehearing Conferences. By this Motion, Staff requested the Board to delay final
action on the Spring Creek appropriation to allow sufficient time to study the ground
water / surface water connection of Spring Creek and to preserve January 23, 2002 (the
date the Board publicly declared its intent to appropriate) as the earliest appropriation it
may claim for the Spring Creek appropriation. On July 23, 2002, the Board granted
Staffs Motion.

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