BOARD01140

• Board Meeting Date: 7/23/2002
• Description: ISF Section - Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

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RELEVANT INSTREAM FLOW RULES

For Big Blue and Specie Creek, the staff recommends that the Board proceed as requested above and
as provided in Instream Flow Rules 5.23, 5.40 and 5.56:

5.23 Date of Appropriation. The Board may select an appropriation date that may be no earlier than
the date the Board declares its intent to appropriate. The Board may declare its intent to appropriate
when it concludes that it has received sufficient information that reasonably supports the findings
required in Rule 5.40,

5.40 Required Findings. Before initiating a water right filing to confirm its appropriation, the Board
must make the following determinations:

5.40(A) Natural Environment. That there is a natural environment that can be preserved to a
reasonable degree with the Board's water right if granted.
5.40(B) Water Availability. That the natural environment will be preserved to a reasonable
degree by the water available for the appropriation to be made.
5.40(C) Material Iniury. That such environment can exist without material injury to water

rights.

.

5.56 Final Board Action. The Board may take final action at the hearing or at a later date.

These determinations shall be subject to judicial review in the water court application and decree .
proceedings initiated by the Board, based on the Board's administrative record and utilizing the
criteria of S 24-4-106(6) and (7), C.R.S. (2000).

STAFF RECOMMENDATION

For instream flow water rights on Big Blue Creek from the confluence of Failes Creek to the
head gate of Big Blue Ditch and on Specie Creek, if a signed stipulation is provide to the Board, from
the confluence of an unnamed tributary to the cpnfluence' of the San Miguel River, the staff
recommends the Board:

v(f)

Determine, pursuant to section 37-92-102(3), CRS, and based upon the recommendation of
the BLM, a review of the data and other information presented by the staff, in this memo and
orally, all Public Comment and the staff's recommendation for instream flow and natural lake
level appropriations on the streams and lakes identified; that:

(a) A natural environment does exist;
(b) Water is available for appropriation; ,
(c) The natural environment will be preserved to a reasonable degree by the water
available for the recommended appropriation;
(d) There is a natural environment that can be preserved to a reasonable degree with the
recommended water right, if granted; and
( e) Such natural environment can exist without material injury to water rights. .

Flood Protection. Water Project Planning and Financing. Stream and Lake Protection
Water Supply Protection;- Conservation Planning