BOARD01746

• Board Meeting Date: 11/15/2005
• Description: ISF Section - 2006 New Appropriation Recommendations in Water Divisions 1,4,5,6 and 7
• Board Meetings - Doc Type: Memo

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HOLLAND&HART~ I'J

Anne J. Castle
Phone [phone]
Fax [phone]
[e-mail]
www.westemwalel1aw.com
43005.0003

November 29, 2004

VIA HAND DELIVERY

Mr. Todd Doherty
Stream & Lake Protection Section
Colorado Water Conservation Board
1313 Sherman Street, 7th Floor
Denver, Colorado 80203

Re: Request for Instream Flow Appropriation-Eagle River (Water Div. 5)

Dear Mr. Doherty:

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We are writing on behalf of the Town of Minturn to recommend and request that
the Colorado Water Conservation Board ("CWCB") appropriate a new instream flow
water right for the segment of the Eagle River between the confluences of the Eagle
River with Cross and Gore Creeks. This segment of the Eagle River, which includes the
River as it runs through Minturn, has been the subject in recent years of extensive
rehabilitation activities intended to restore the natural environment of the River. While
an instream flow water right for this segment was originally appropriated in the 1970s,
protection of increased flow levels is now necessary to reasonably preserve the restored
natural environment, as recommended in the attached report prepared by Mr. Troy
Thompson of Ecological Resource Consultants, Inc. ("ERC"). Pursuant to Rule 5.a. of
the CWCB's Instream Flow Program Rules, Minturn recommends that the CWCB
appropriate a new instream flow water right for this segment of the Eagle River at the
flow levels recommended in Mr. Thompson's report, and that this appropriation be
added to the list of instream flow appropriations to be considered by the CWCB in
2005.

The minimum stream flow water right for the Eagle River in the segment from
Cross Creek to Gore Creek are currently 20 cfs (October 1 through April 30) and 50 cfs
(from May 1 to September 30), pursuant to the decree in Case No. 78CW3796 (Water
Division 5.) The basis for the relatively low levels protected by the existing water right
is unclear to Minturn, as it is our understanding that the original "R2Cross" calculations
and recommendations made by the Colorado Division of Wildlife for this river segment
during the process leading up to the application in Case No. 78CW3796 indicated that
instream flows of 100 cfs during the low flow season and 290 cfs during the high flow
season were necessary to reasonably protect the natural environment.

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Holland."art UP
. 1303)295-8000 ".' (3031295.8261 www.hotl.lndhart.<om
555 17d'1 Street Suifeo3200 Denver,CO 80202 '..; ',.' " -. . p.o. Box 8749 Oetwer,CO 80201-8749
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