BOARD01553

• Board Meeting Date: 7/26/2006
• Description: ISF Section - Contested ISF Case - North Fork Escalante Creek
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
WWW.cwcb.state.co.ll5

To:

Bill Owens
Governor

Colorado Water Conservation Board Members

From: Jeff Baessler
Todd Doherty

Russell George
Executive Director

Rod Kuharich
CWCB Director

Date July 12,2006

Dan McAuliffe,
Deputy Director

Re: Agenda Item 26, July 24-26, 2006- Board Meeting
Stream and Lake Protection - Contested ISF Case (North Fork Escalante Creek)

At the January 2006 CWCB meeting, Mr. Dick Miller, a local landowner, voiced concerns about
the Board's appropriation of an instream flow water right on the North Fork Escalante Creek
located in Mesa County west of the Town of Delta. In response to his concerns, staff
recommended that the downstream terminus of the proposed instream flow be changed from the
Campbell Ditch up to the Sawtell Ditch, effectively removing the instream flow water right from
Mr. Miller's land. At that meeting, the Board declared its intent to appropriate an instrearn flow
water right from Points Creek to the Sawtell Ditch. Staff did not receive any Notices to Contest
for this instream flow recommendation by the March 31 st deadline. Since the deadline, staff
received a letter from Mr. Miller dated April 26, 2006, describing additional concerns. At the
May 2006 CWCB meeting, Mr. Miller was present and voiced similar concerns before the
Board. In response, the Board tabled action on this instream flow appropriation to re-notice it for
an additional period, with a deadline to file Notices to Contest extended until June 30, 2006.

This memo lists all of the Contesting Parties who have submitted Notices to Contest thus far.
Staff also provided notice to all persons on the Instream Flow Subscription Mailing List of this
appropriation's status as a contested stream and will be accepting Notices of Party Status and
Participant Status through July 31 st, The Notices to Contest are attached. Pursuant to Rule
51.(4), where a contested ISF appropriation is based fully or in part on another agency's
recommendation pursuant to Rule Sa., that agency shall automatically be a Party in any
proceeding. Based on Rule 51.(4), the Bureau of Land Management will be a party to the
contested stream proceedings.

Contesting Parties:
Mika Ag Corp. (Dick Miller)
Trout Unlimited
Western Resource Advocates

Staff Recommendation
Staff recommends that the Board designate a Hearing Coordinator and set hearing dates for the
North Fork Escalante Creek lSF appropriation in conjunction with the November 2006 CWCB
meeting.

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