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<br />. <br /> <br />. <br /> <br />. <br /> <br />July and August 2005, Staff met with CWCB representatives Bob Burr and Tom Sharp to discuss the <br />potential stream recommendations in their areas and to provide them with copies of the Candidate Stream <br />List reports. To view the latest version of the Candidate Stream List, please go to: <br />http://cwcb.state.co.us/isf/Programs/Instream.htm. <br /> <br />Umetco Water Rights Report Update. The CWCB retained Leonard Rice Engineers, Inc.'s services to <br />evaluate the water rights decreed to the Johnson Ditch and the San Miguel Power Company Canal on the <br />San Miguel River near Uravan, and to summarize streamflow conditions and water rights administration <br />in the lower San Miguel River. These water rights were dedicated to the CWCB as Colorado's settlement <br />of CERCLA litigation with Union Carbide Corporation and Umetco Minerals Corporation ("the Umetco <br />water rights"). The work also included recommending alternatives for future uses of the Umetco water <br />rights, including potentially changing the rights to instream flow use by the CWCB. On April 19, 2005, <br />the CWCB staff held a meeting with local stakeholders in Nuc\a to introduce the consultants and to <br />discuss the objectives of this investigation. Leonard Rice Engineers, Inc. has now completed its report. <br />A follow-up meeting with local stakeholders to discuss the findings of the investigation as well as <br />acquiring input for future uses of water is scheduled for October 4th. Director Don Schwindt, who <br />participated in the April meeting, will also attend the October meeting. <br /> <br />Change of Use of Donated Water Rights, In August 2005, the AG's Office filed a proposed decree for <br />the CWCB's change of use application, Case No. 7-04CW040. This application was filed last November <br />to change the use of certain donated water rights to instream flow use on Big Horn Gulch and Mineral <br />Creek. There were no objectors in this case and the CWCBI AG is working to resolve a few minor issues <br />raised by the Division Engineer. It is expected that the Division 7 Water Court Judge will enter the <br />proposed decree in the near future. <br /> <br />Tarryall Creek Update - As reported to the Board at its July meeting, in June 2005, a landowner on <br />Tarryall Creek excavated a new channel (approximately 375 linear feet) in the creek and dammed and <br />dried up approximately 575 linear feet of the natural channel. The CWCB has a 14 cfs instream flow <br />water right on the affected reach of Tarryall Creek, decreed in Case No. W-8729. On June 30, 2005, the <br />Division Engineer for Water Division I staff issued an "Order to Cease and Desist Illegal Diversion of <br />Surface Water and Remove Unnecessary Obstruction to Stream Flow" that required the landowner to <br />remove the dam and to cease diverting water into the new channel within 15 days of receipt of the letter. <br />On July 14, 2005, CWCB placed a call for its Tarryall Creek instream flow water right. As a result of <br />discussions with the landowner at the July CWCB meeting, the CWCB staff consented to a 30 day stay of <br />the Division Engineer's order to allow time to further investigate the impacts of the re-routing of the <br />creek on the natural environment. On August 5, 2005, representatives of CWCB, CDOW, the Division of <br />Water Resources, the Army Corps of Engineers, and the U.S. Forest Service visited the site to inspect the <br />original and new channels of Tarry all Creek, and to discuss the project with the landowner. Based upon <br />its observations at the site, the Corps issued a letter to the landowner on August 10, 2005 ordering the <br />landowner to implement initial corrective measures by September I, 2005 that, in effect, would return the <br />site to its original condition pending the Corps' investigation and negotiations regarding the landowner's <br />suspended 404 permit. The Corps and the landowner have scheduled a meeting on September 2 to <br />discuss the permit. The CWCB staff consented to an additional request for stay of the June 30 order by <br />the landowner and the DWR has stayed enforcement of the order until midnight on August 31. On <br />August 29, the DWR reported that the new channel has been blocked and the obstructions to the natural <br />channel have been removed. Attached for the Board's review are an August 29, 2005 Denver Post article <br />about this matter; the August 10,2005 letter to the landowner from the Corps; and a July 26, 2005 letter <br />to representatives of all agencies involved in this matter from the presidents of the Lost Park Ranch <br />Owner's Association, the Stagestop Owner's Association, and the Tarryall Fishing Club, Inc. <br /> <br />29 <br />