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<br />Colorado Water <br />Conservation Board <br />September 7, 2004 <br />Page 4 <br /> <br />. <br /> <br />consumable sources it has leased from Pueblo Board of Water Works, whereas some of the <br />opposers in the water court application are requesting that Arkansas River stream depletions be <br />replaced the old bed of Trout Creek either directly below the dam or, at a minimum, in the bed of <br />Trout Creek at a location further down the historic location of Trout Creek. In this regard, Mr. Moltz <br />notes that the last of the replacements for the initial fill should be completed in May 2005. and that <br />the annualized depletions to the Arkansas River caused by reservoir evaporation are only 32 gpm. <br /> <br />The State and Division Engineers may insist on additional requirements in the water decree <br />ultimately entered by the Water Court. Most of those will relate only tangentially to the dam and <br />reservoir itself, whereas it is the irrigation out of the reservoir that may (and may not) spawn an <br />number of restrictions, including the number of acres to be irrigated, the location of the acres to be <br />irrigated, the above-mentioned possible requirement that Mr. Moltz obtain a more specific location <br />for the point of diversion than is currenUy decreed, etc. <br /> <br />6. Proposed mitigation. Mr. Moltz has obtained a verbal agreement from the owner <br />of the SW1/4 NE1/4 Section 17, T. 14 S., R. 77 W., 6" P.M., that the owner will grant a <br />conservation easement 30 feet on each side of the center of Trout Creek as it flows through that . <br />quarter quarter section, to the entity of the cwes's choice. The purpose of the conservation <br />easement is to provide habitat protection for the boreal toad. The stream segment is approximately <br />1,600 feet in length. The exact tenns of the conservation easement would have to be specified by <br />the CWCB to make sure that it meets its needs. At a minimum, I anticipate that the conservation <br />easement would preclude any bUilding in the referenced area, Including roads and bridges along <br />or across Trout Creek. <br /> <br />Mr. Moltz also notes that in order to build the dam, he needed to acquire additional land at <br />the upstream end of the reservoir from the BlM. A multi-year process ensued in which Mr. Moltz <br />and the BlM identified and investigated several segments of land which he might be able to <br />purchase and then exchange to the BlM tor the land occupying the reservoir site. Ultimately, Mr. <br />Moltz purchased a tract of land near State Bridge in Chaffee County and exchanged it to the BLM. <br />While it is true that the two tracts of land had to be, and were, valued the same in order for the <br />exchange to occur, the State Bridge site has become an extremely important recreational site, <br />having taken a considerable amount of pressure off Hecla Junction as a take-out and put-in point <br />for rafts and kayakers. The site also provides important public fishing access to the Arkansas River <br />in an area where public access is not particularly plentiful. <br /> <br />7. Other. Mr. Moltz wishes to point out to the CWCB that the reselVOir, though it is very <br />close to a county road, is located entirely on his land. In addition, there is a large alluvial fan at the <br /> <br />. <br /> <br />13990hlmoltllcwcb 09007.04 <br />