BOARD01571

• Board Meeting Date: 5/24/2004
• Description: ISF Section - Longmont Recreational In-Channel Diversion ‎(RICD)‎ Informal Hearing, Case No. 1-01CW275
• 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.us

MEMORANDUM

Bill Owens
Governor

To:

Russell George
Executive Director

Colorado Water Conservation Board Members

From: Rod Kuharich, Randy Seaholm, Dan Merriman, Ted Kowalski, Tom
Browning, Vince Prichard

Rod Kuharich
CWCB Director

Date: May 17, 2004

Dan McAuliffe
Deputy Director

Re: Agenda No. 17, May 24-25, 2004 Board Meeting, Longmont Recreational In-channel
Diversion (RICD) Informal Hearing, Case No. 1-01CW275

Backl!round

In December 2001, the City of Longmont ("Longmont" or "Applicant") filed for a Recreational
In-Channel Diversion water right on St. Vrain River ("the RICO"). Pursuant to section 37-92-102(5)
& (6), C.R.S. (2003), the Colorado Water Conservation Board ("CWCB") is required to submit
recommendations and findings to the Water Court within 90 days of the closing date for filing
statements of opposition. Several times over the last two years, the Water Court has granted the
Board extensions of time to file its recommendations and findings to the Water Court. During this
time, the CWCB staff, the parties to the water rights application ("the parties"), and the Applicant
were negotiating a proposed decree.

Pursuant to Rule 11 of the RICO Rules, the Staff of the CWCB ("Staff') must submit a written
report and recommendation to the Board. The Staff hereby submits this document as its written
report and recommendation to the CWCB concerning the RICD. This report and recommendation
only reflects the information provided to date, and to the extent the Staff receives new or different
infonnation at the informal hearing, the Staff reserves the right to alter its recommendation. The
attached Draft Findings and Recommendations of the Colorado Water Conservation Board to the
Water Court also reflect the Staff s report and recommendation. See also the proposed stipulation
and decree, attached to this document.

Staff Report and Recommendation

1. Whether the amount of water sought for the RICD represents the minimum stream flow
necessary to provide a reasonable recreation experience in or on the water. (Rule 7)

Senate Bill 216 ("SB 216") only pennits an entity to obtain a water right for the minimum stream
e flow necessary to provide a reasonable recreational experience. The Applicant has narrowly tailored

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning