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<br />, <br /> <br />'J <br /> <br /> <br />e <br /> <br />'e. <br /> <br />Concerning the Recommendation for Natural Lake Level <br />Water Rights on Mt. Emmons Iron Fen and for Instream <br />Flow Water Rights on Spring Creek <br /> <br />Case No. 02ISFOl <br />Case No. 02ISF02 <br /> <br />In Gunnison County <br /> <br />UNOPPOSED MOTION TO POSTPONE PREHEARlNG STATEMENT <br />DEADLINES AND PREHEARING CONFERENCES <br /> <br />The Colorado Water Conservation Board Staff ("CWCB Staff') hereby moves the Hearing <br />Officer to postpone the prehearing statement deadlines and prehearing conferences in these matters <br />pending the Colorado Water Conservation Board's consideration ofrequests by Staff, the Parties <br />and the Participants to vacate. the hearings in these matters and to delay final action regarding the <br />CWCB's appropriations of an instream flow right on Spring Creek and a natural lake level on Mt. <br />Emmons Iron Fen. Staff states the following in support of this motion: <br /> <br />1. The CWCB Staff recommended the Board appropriate a natural lake level on the Mt. <br />Emmons Iron Fen and an instream flow on Spring Creek. The Board moved forward on these <br />suggestions at the Board meeting in January 2002. The Mount Emmons Mining Company and <br />the U.S. Forest Service protested the Iron Fen appropriation, The U.S. Forest Service and Trout <br />Unlimited protested the Spring Creek appropriation. Since that time, the CWCB staffhas been <br />in negotiations with all of the above referenced parties. <br /> <br />2. Based upon these negotiations and upon the significant connection between groundwater <br />and surface water in both the Mt. Emmons Iron Fen and Spring Creek, the U.S. Forest Service,- <br />Trout Unlimited and the Mt. Emmons Mining Company requested the Staffto delay the <br />appropriations to allow sufficient time to study thegroundwaterl surface water connections of both <br />the Iron Fen and Spring Creek. Hopefully, this research will enable the Board to make <br />appropriations that will protect the Iron Fen and Spring Creek. Based upon the site visits and upon <br />discussions with all of the Parties and Participants, Staff agrees that more research will be helpful. <br />The CWCB maintains its intent to appropriate as of January 23,2002, while additional studies move <br />forward. <br /> <br />3. Staffhas conferred with all Parties to and Participants in these proceedings and all <br />have consented to the postponement of the prehearing statement deadlines and prehearing <br />conferences pending the CWCB's consideration of the request to delay final action on these <br />appropriations as described herein. <br /> <br />WHEREFORE, Staff hereby requests the Hearing Officer to postpone the prehearing statement <br />deadlines and prehearing conferences in these matters pending the Colorado Water Conservation <br />Board's consIderatIOn ot requestsoy ~tatt, the PartIes and rhe partIcIpants to vacate the hearings <br />