BOARD01505

• Board Meeting Date: 11/15/2005
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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Watershed Initiative (JCWl) formed a partnership with the University of Colorado in 1999 to study the
turbidity problem of James Creek that was affecting the filtration capability of the Jamestown's water
treatment plant. Since then, JCWI formed a Restoration Team, developed a James Creek Restoration Plan
to reduce sediment loading into James Creek, secured funding and permits, and began implementing the
plan in fall 2004. Ms. WiIIi\lIDS discussed how a local watershed group went from problem identification
to implementing the James Creek Restoration Project along the 3-mile riparian corridor upstream of the
Town's water treatment plant.

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Ms. Williams is the Executive Director of the James Creek Watershed Initiative, a local nonprofit
organization located in Jamestown, Colorado. Since 1997 she has focused on engaging the local
community in taking direct action to protect and restore the waters of James Creek and its surrounding
forest land. Her source water protection efforts resulted in an Environmental Achievcment Award by the
Environmental Protection Agency in 2000 and a 2005 Hall of Fame award from the Colorado Department
of Health and Environment's Nonpoint Source Program.

South Platte Forum: The 161h Annual South Platte Forum was held in Longmont on Oct. 26-27. This
year's topic was "From the Headwaters Through the Urban Kidney to the State Line - This is a Hard-
Working River." The Forum featured DOn Ament, Patly Wells, and Rick Brown, among others. CWCB
staff hosted a large booth to educate water users and local entities about the Board's programs. Kirk
Russell, Tim Feehan and Bruce Johnson were on hand to provide information and answer questions about
the CWCB Loan Program, and Anne Janicki presented information about the state's Instream Flow and
Water Acquisition Program. TJrls year's F~1'IIII1 ",alLlarg!:r~anJLo[theconferencesinpastyears,with
several federalagenciesanlfmunicipalities in attendance.

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Platte River - 3 State Cooperative AgreemeDt NegotlatloD: Colorado, Nebraska, Wyoming, and the
F cderal Government continue to finalize the Three-State Agreement The Program documents will go to
print in early December 2005. The Biological Opinion, Environmental Impact Statement and Record of
Decision should be issued by Feb. 28. However, the current Cooperative agreement is set to expire Dec.
31. The Governors of the three States and the Secretary of the Interior will be asked to extend the
Cooperative Agreement until October 2006, when the Program is expected to begin.

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TarryaD Creek Update: In June 2005, Topaz Mountain Ranch excavated a new channel (approximately
375 linear feet) in Tarryall Creek and dammed and dried up approximately 575 linear feet of the natural
channel. The CWCB has a 14 cfs instream flow water right on the affected reach ofTarryall Creek,
decreed in Case No. W-8729. On June 30, the Division Engineer for Water Division 1 staff issued a
cease and desist order that required the Ranch to remove the dam and to cease diverting water into the
new channel within 15 days of receipt of the letter. On July 14, CWCB placed a call for its Tarryall
Creek instream flow water right. The CWCB staff consented to a 30 day stay of the Division Engineer's
order to allow time to further investigate the impacts of the re-routing of the creek on the natural
environment. On Aug. 5, representatives ofCWCB, CDOW, the Division of Water Resources, the Army
Corps of Engineers, and the U.S. Forest Service visited the site to inspect the original and new channels
ofTarryall Creek, and to discuss the project with the landowner. Based upon its observations at the site,
the Corps issued a letter to the landowner on Aug. 10 ordering the landowner to implement initial
corrective measures by Sept. I that, in effect, would return the site to its original condition pending the
Corps' investigation and negotiations regarding the landowner's suspended 404 permit. On Oct. 17, the
Corps issued a letter to the landowner revoking the 404 permit for the middle segment of Tarry all Creek,
which is the segment that includes the constructed channel and the stream meander that was cut offby
construction of the channel. The Corps reinstated the permit for the upper and lower segments of Tarry all
Creek on the Ranch property to authorize instream habitat improvements as originally proposed in the
Ranch consultant's plans, provided that a qualified consultant with experience in conducting instream

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