BOARD01429 - Laserfiche WebLink

Home Browse Search

. Hotchkiss. CO 81419 March 15,2005 Dan Merriman. Section Coordinator Colorado Water Conservation Board Department of Natural Resources Stale of Colorado . Dear Mr. Merriman., To begin, we would like to thank you for this opportunity to express concerns about the proposed action of your agency to implement additional minimal stream flows in Water Division 4. We are primarily concerned with the flows that effect drainages on the North Fork and Smith Fork of the Gunnison. We urge you to withdraw your letter of intention to file on instrearn flow water rights pending a thorough evaluation arthis action for several reasons. First. we question how these decisions are made. While acknowledging the environmental goal of protecting a few species offish, we question it. The same fish were poisoned in the 1950's. As stated the CDOW has made recommendations to meet the policy .....that the natural, scenic, scientific and outdoor recreation areas of this state are to be protected, preserved, enhanced and managed for the use, benefit, and enjoyment of the people of this state. " The section of Muddy Creek above the Paonia Reservoir is not natural. This segment of the river was altered significantly by highway construction. The late summer water here and in nearly Williams Creek will not be enhan.ced by minimal stream flow decrees. Water in these streams at this time of year is return flow from irrigation. What measure was used to determine this is the best use of these waters? What priority system was used to identify these locations? How were stake holders other than the CWCB, the CDOW, and the CDPOR involved in deciding on the necessity of these actions? Second, the creation of these decrees would eliminate any further development of water in these drainages. This could be a critical mistake. These drainages contain some of the prime, untapped water sources in the state. Because your proposed flows seem to be enormous in relation to what water normally flows, we feel they would stop any further development in this area. If you wanted to become a partner in a water storage facility like the Snowshoe Reservoir and applied for water to be released for stream flow, would the Anthracite stream flow decree make this impossible? Is it wise to file on these stream flows when SWSI is looking for ways to met water needs in the year 2030 for the 7()o,Io+ population increase? Finally, we feel that these decrees would be a takings. In essence the creation of these minimal stream flows would eliminate the possibility of any future development. In the drainage of the Muddy Creek that flows into the Paonia Resevoir. you would create an approximately 230 square mile conservation easement. That affects the salability of property. If recreation and environment needs demand this water, then there must be provision for compensating those that are impacted. The economic effect of a decision such as this on individual landowners and the surrounding communities should be studied prior to moving forward. .