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<br />. <br /> <br />. <br /> <br />. <br /> <br />BEFORE THE COLORADO WATER CONSER V A TION BOARD <br /> <br />STATE OF COLORADO <br /> <br />Prehearing Statement of Staff of Colorado \\-'ater CODsen'ation Board <br /> <br />IN THE MA TIER OF ST AFF.S RECOMMENDATIONS FOR AN INSTREAM FLOW <br />APPROPRIATION ON THE NORTH FORK OF THE SMITH FORK OF THE GUNNISON <br />RNER. WATER DIVISION 4 <br /> <br />Pursuant to Rule 5n(2) of the Rules Concerning the Colorado Instream Flow and Natural <br />Lake Level, 2 CCR 408-2 ("ISF Rules"), the Staff of the Colorado Water Conservation Board <br />("CWeB") hereby submits its preheating statement in suppon of Staffs recommendations for <br />instream flow ("15F') appropriations on the subject reaches of the North Fork of the Smith Fork <br />of the Gwurison River and in the amounts set forth in the attached Exhibit 1. <br /> <br />A. FACTUAL CLAIMS <br /> <br />1) There is a natural environment that can be preserved on the subject reaches afthe North Fork <br />of the Smith Fork of the Gunnison River, based upon field surveys by the Colorado Division <br />of Wildlife ("CnOW"). None of the Panies to this proceeding have contested the existence <br />ofa natural environment on the subject reaches afthe North Fork. of the Smith Fork oflhe <br />Gunnison River. <br /> <br />2) The instream flow amounts recommended by StafTfor this reach of the North Fork of the <br />Smith Fork of the Gunnison River: <br /> <br />a) are based upon standard scientific methodology and an accurate R2Cross analysis; <br /> <br />b) reflect the amount of water available for appropriation as an ISF right; and <br /> <br />c) are required to preserve the natural environment to a reasonable degree. <br /> <br />3) The natural environment on the subject reaches of the North Fork of the Smith Fork of the <br />Gunnison River: (a) will be preserved to a reasonable degree with the proposed !SF water <br />right; and. (b) can exist without material injury to water rights. <br /> <br />B. LEGAL CLAIMS <br /> <br />Staff is not submitting legal claims with this prehearing statement, but may submit legal claims <br />with its rebuttal statement. <br />