Board Meeting 12/09/1998

• Board Meeting Date: 12/9/1998
• Description: ISF Section - Additional Information Regarding the Water Availability Analysis for the Tennessee Creek Instream Flow Recommendation
• Board Meetings - Doc Type: Memo

A.W. DILLEY & CO.,
GARDEN PARK,
8717 County Road # 9,
CANON CITY, COLORADO, 81212
[phone]
November 14, 1998

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COLORADO WATER CONSERVANCY BOARD,
1313 Sherman Street, Room 721,
DENVER,' CO., 80203

Dear Board Members;

We appreciate your attendance at our meeting held at the
Roy Canterbury Ranch on November 9, 1998 and the staff of the
Colorado Water Conservancy Board explaining their efforts to
establish a minimum stream flow on Fourmile Creek, however the
method employed to make these determinations is inadequate and
fallible. We feel the data gathered is insufficient for the
following reasons:
(1) Rain gauges outside of the drainage area were used
to determine rainfall.
(2) Flow records for only two of the five ditches between
the confluence of Fourmile Creek/Cripple Creek and the confluence
of Fourmile Creek/Wilson Creek were used.
(3) Insufficient time period was studied.
(4) Soil conditions and moisture content were not
considered.
We have been told the Bureau of Land Management requested
that a minimum stream flow be established on Fourmile Creek
to maintain a healthy environment for aquatic life. This is
inconsistent with their classification of Fourmile Creek as
an intermittent stream. There is and has been a healthy fresh
water environment for aquatic life without an established minimum
stream flow.
We are contending that from the confluence of Fourmile
Creek/Cripple Creek to our diversion point for the Adams Phillips
Ditch there are no diversion points, which we feel would negate
the need for the minimum stream flow. We feel that from our
Adams Phillips Ditch downstream to Wilson Creek the Courts will
provide a minimum stream flow by the amount of water that can
be transferred, after the Consumptive use has been determined.
We contend that a need does not exist for the establishment
of a minimum stream flow on Fourmile Creek.
We also contend that if a minimum flow is determined to
be necessary that the data used to make the determination be
sufficient to offer a valid minimum stream flow.

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Arthur W. ~nd E.jtaurine Dilley 1
Water Rights: Adams Ditch---1869; Phillips Ditch---1870
and Long Gulch Ditch---1895.

cc Alan C. Hamel