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Last modified
8/16/2009 2:58:29 PM
Creation date
10/4/2006 6:50:31 AM
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Board Meetings
Board Meeting Date
5/22/2000
Description
ISF Section - Proposal for Injury with Mitigation - Case No. 3-99CW034, Nearburg
Board Meetings - Doc Type
Memo
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<br />.. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866-34..l] <br />FAX. (303) 866-4474 <br /> <br />~ <br /> <br />Bill Owens <br />Governor <br /> <br />TO: <br /> <br />CWCB Members <br /> <br />FROM: <br /> <br /> <br />Greg E. Walcher <br />Executive Director <br /> <br />Dan Merriman <br />Greg Espegren <br />Ted Kowalski <br /> <br />Peter H. Evans <br />ewes Director <br /> <br />DATE: <br /> <br />May 15,2000 <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />SUBJECT: Agenda Item 5a, May 22-23, 2000, Board Meeting -- <br />Stream and Lake Protection -- Proposal for Injury with Mitigation <br />Case No. 3-99CW034; Nearburg <br /> <br />Background <br />The Board ratified the Statement of Opposition filed in this case at its November 1999, meeting. <br />This is an application for approval of plan for augmentation on Trout Creek near Creede in <br />Mineral County. Applicant proposes to augment out-of-priority diversions into Caster Ditch and <br />Caster Pond to "create fisheries habitat in Caster Ditch and Caster Pond." <br /> <br />The Board holds an instream flow decree for 35 cfs, summer, and 15 cfs, winter, on Trout Creek <br />with an appropriation date of August 16, 1982, which could be injured by this application. The <br />Applicant opted to not accept the Staffs proposed stipulation that would have provided full <br />protection to the Board's Trout Creek instream flow water rights. Instead, the Applicant elected <br />to approach the CWCB with a proposal for Iniury Accepted with Mitigation. <br /> <br />Pursuant to Rule 9.43, Injury Accepted with Mitigation is a two-meeting process. The first <br />meeting in this process was conducted at the Board's March 2000 meeting in Colorado Springs. <br />At the March Board meeting, the Board ratified staffs recommendations to: <br /> <br />1) Make the preliminary determination that "the natural environment could be preserved <br />to a reasonable degree with the proposed injury or interference if applicant provided <br />mitigation," and <br />2) Encourage the Applicant to work with the CWCB Staff, the Division Engineer, the <br />Colorado Division of Wildlife (CDOW), and the local community to address any <br />outstanding issues before the Applicant brings a final proposal to the Board. <br /> <br />Please see the Staffs March 13,2000, memorandum (Attachment 1) for additional information <br />011 the Applicant's plan for Injury Accepted with Mitigation as presented at the first meeting. <br />
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