Laserfiche WebLink
<br />..,.. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Linmann two letters (attached) discussing his concerns and requesting his withdrawal of his <br />Notice to Contest. <br /> <br />Technical Investigations <br />The Board was provided detailed information regarding all field data, studies and analyses for <br />each stream segment at the January 25, 2005 Board meeting. At that meeting, the Board declared <br />its intent to appropriate the specific instream flow water rights. <br /> <br />Natural Environment Studies <br />The Colorado Division of Wildlife (DOW) has conducted field surveys on this stream and found <br />a natural environment which can be preserved. To quantify the resources and to evaluate <br />instream flow and natural lake level requirements, the DOW staff collected biologic and <br />hydraulic data, and the ewes staff reviewed and analyzed this data. Based on the results of <br />these reviews/analyses, the eWeB stafT prepared recommendations for the amount of water <br />necessary to preserve the natural environment to a reasonable degree for each of the streams on <br />the attached tabulation of instream flow recommendations. <br /> <br />Water Availability Studies <br />The CWCB StafThas conducted an evaluation of water availability for this stream. To determine <br />the amount of water physically available for the Board's appropriations, Staff analyzed available <br />USGS gage records, available streamflow models, and/or utilized appropriate standard methods <br />to develop a hydro graph of mean or median monthly flows for each recommendation. Staff also <br />relied upon the flow measurements made as part of the field survey as an indicator of the amount <br />of water physically available for this stream. StafT also analyzed the water rights tabulation for <br />this stream and consulted with the Division Engineer's Office to identify any potential water <br />availability problems. Based upon its analysis, Staff has determined that water is available for <br />appropriation on this stream to preserve the natural environment to a reasonable degree without <br />limiting or foreclosing the exercise of valid existing rights. <br /> <br />RELEVANT INSTREAI\I FLOW RULES <br />For each stream listed in the attached list of instream flow recommendations, the staff <br />recommends that the Board proceed as provided in lnstream Flow Rules 5f., 5h. and 5i.: <br /> <br />5f. Date of Appropriation. The Board may select an appropriation date that may be no earlier <br />than the date the Board declares its intent to appropriate. The Board may declare its intent to <br />appropriate when it concludes that it has received sufficient information that reasonably supports <br />the findings required in Rule 5i. <br /> <br />5h. Final Board Action on an ISF Recommendation. The Board may take final action on any <br />uncontested Staff Recommendation(s) at the May Board meeting or any Board meeting <br />thereafter. If a Notice to Contest has been filed, the Board shall proceed under Rule 5j-5q. <br /> <br />5i. Required Findings. Before initiating a water right filing to confirm its appropriation, the <br />Board must make the following determinations: <br /> <br />(l) Natural Environment. That there is a natural environment that can be preserved to a <br />reasonable degree with the Board's water right if granted. <br />(2) Water Availability. That the natural environment will be preserved to a reasonable degree by <br />the water available for the appropriation to be made. <br />(3) Material Iniury. That such environment can exist without material injury to water <br />rights. <br />