BOARD01727

• Board Meeting Date: 7/23/2002
• Description: ISF Section - Instream Flow Appropriations
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
PAX: [phone]
www.cwcb.state.co.us

Bill Owens
Governor

MEMORANDUM

Greg E. Walcher
Executive Director

Rod Kuharich
CWCB Director

To:

Colorado Water Conservation Board Members

Dan McAuliffe
Deputy Director

From: Dan Merriman
Mark Uppendahl

Date: July 12, 2002

Re: Agenda Item 21, July 23.24, 2002, Board Meeting-
Stream and Lake Protection - Instream Flow Appropriations

GENERAL BACKGROUND
The CWCB Staff recommended that the Board appropriate a natural lake level on the Mt. Emmons
Iron Fen and an instream flow on Spring Creek. The Board declared its intent to appropriate these
recommended water rights at its January 2002, meeting. The Mount Emmons Mining Company,
and the United States Forest Service (USFS) contested the Iron Fen appropriation. The USFS and
Trout Unlimited (TU) contested the Spring Creek appropriation. In addition to the parties above, the
Town of Crested Butte and the High Country Citizens' Alliance (HCCA) are also participating in the
Mt. Emmons Iron Fen appropriation proceedings.

On May 21, 2002, the Colorado Water Conservation Board (CWCB) designated Deputy Attorney
General Felicity Hannay as the Hearing Coordinator for the Division 4 Instream Flow and Natural
Lake Level contested cases. If Ms. Hannay was unavailable, then Dan McAuliffe, Deputy Director
of the CWCB, would act as an altemate Heating Coordinator. The Heating Officer presides over
preheating conferences, assists the Parties with procedural matters, and coordinates and manages ISF
appropriation proceedings.

RELEVANT INSTREAM FLOW RULES
For the above contested cases, the following rules apply to the Prehearing Conference:

5.53 Preheating Conference.
(A) The Board will designate a Heating Officer, who shall schedule and preside over preheating
conferences and assist the Parties with procedural matters. All preheating conferences will be
scheduled and held before the July Board meeting.
(B) On or before five working days before the preheating conference, each Party shall file a
prehearing statement with the Board. A preheating statement shall identify all exhibits,

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