BOARD01429

• Board Meeting Date: 11/15/2005
• Description: ISF Section - Instream Flow Appropriation Hearing - North Fork Smith Fork Gunnison River
• Board Meetings - Doc Type: Memo

~

.

.

.

These determinations shall be subiect to iudicial review in the water court apolication and decree
oroceedings initiated by the Board. based on the Board's administrative record and utilizing the
criteria of & 24-4-106(61 and (71. CR.S. (1999).

Staff Recommendation
Staff requests the Board to ratify the proposed stipulations and take final action on the instream
flow appropriation on North Fork Smith Fork Gunnison River. For the stream segment listed on
the attached lnstream Flow Recommendation Tabulations, the staff recommends that the Board:

(I) Determine, pursuant to section 37-92-102(3), CRS. and based upon the recommendations
of the DOW. a review of the data and other information presented by Staff, in this and previous
memos and orally, and Staffs recommendation for instream flow appropriations on the stream
identified that:

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

(2) Pursuant to Rule Sf., establish January 25. 2005 as the appropriation date for these
instream flow water rights.

(4) Request the Attorney General's Office to file the necessary water rights applications.