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<br />. <br /> <br />State of Colorado, Department of Natural Resources <br />Water Conservation Board <br /> <br />, <br /> <br />::-~ (Cv <br />(}...'-O 10, <br />"3 q I <br />I <br /> <br />-" <br /> <br />:...' <br /> <br />------------------------------------------------------------------------------------------- <br /> <br />Comments of Trout Unlimited regarding Instream Flow Program Activities <br />Submitted by Dave Nickum, Southwestern Regional Director <br /> <br />September 21, 1998 <br />La Junta, CO <br /> <br />Trout Unlimited is a national non-profit organization dedicated to the conservation, <br />protection and restoration of North America's trout and salmon fisheries and their <br />watersheds. TU has over 100,000 members organized into 450 chapters across the <br />country, with 6,000 members and 26 chapters in Colorado. TU recently started a <br />Western Water Project, with pilot offices in Colorado and Montana, Working through <br />state legal systems for water allocation and protection of water quality, the Western <br />Water Project seeks to restore and maintain flows for healthy cold water fisheries and to <br />increase meaningful public participation in these state processes by those who value <br />conservation and ecosystem protection, <br /> <br />1. Statements of Opposition (Agenda It@ <br /> <br />. <br /> <br />. TU supports the Board's on-going program of opposing changes to senior water <br />rights that would injure decreed in stream flows, Since the only way the Board <br />protects its rights is by filing Statements of Opposition, it is critical that the Board <br />continue this part of its program, <br />· TU is particularly concerned about Eagle Sky application, If there is anything our <br />chapter in the area can do to assist the Board in its opposition to this large proposed <br />development, where the applicant claims the right to dry up the affected streams in <br />their entirety, TU stands ready to help, <br /> <br />2. Applications where Board did not file Statements of Opposition (Not on <br />Agenda), e.g., Sawtooth application, case no. 4-97CWI39. <br /> <br />. For all practical purposes, the Board has no staff in the field to monitor its rights, In <br />addition, notwithstanding the Board's policy that its rights are "always on call," water <br />commissioners do not call out water users unless asked to do so, TU thus remains <br />concerned that the Board cannot truly protect its decreed instream flow rights from <br />depletions, even by juniors, <br />. Recommendation: The Board should ask its Instream Flow Subcommittee to craft a <br />solution, TU is disappointed that there has yet to be a report from the ISF <br />Subcommittee back to the full Board, and is worried that this subcommittee is in <br />limbo, TU therefore also urges the Board to reinvigorate the subcommittee because <br />there is still much work to be done, To date, the subcommittee has identified problem <br />areas, but has not agreed upon solutions, TU was under the impression that the <br />. subcommittee would report back to the board and then prioritize the problem areas so <br /> <br />..-. -~-'--~~.~--'" <br />