BOARD01951

• Board Meeting Date: 7/18/2004
• Description: ISF Section - Contested Instream Flow Appropriations - Request to Designate Hearing Officer and Set Hearing Dates
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

Colorado Water Conservation Board

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

To:

Colorado Water Conservation Board Members

Bill Owens
Governor

From: Dan Merriman
Todd Doherty

Russell George
Executive Director

Rod Kuharich
CWCB Director

Date July 1,2005

Rick Brown
Deputy Director,
Acting

Re: Agenda Item 14b, July 18-20,2005- Board Meeting
Stream and Lake Protection - Contested Instream Flow Appropriations
Request to Designate Hearing Officer and Set Hearing Dates

Background
On January 25, 2005, the CWCB formed its intent to appropriate instream flow water
rights on Horsefly Creek (Montrose County) and the North Fork Smith Fork Gunnison
River (Gunnison County). Staff received Notices to Contest for both of these
appropriations by the March 31 e' deadline.

Horseflv Creek
The CWCB Staff received a Notice to Contest for Horsefly Creek from the Eldred
Colorado Family Limited Partnership on March 31, 2005. Staff and the Attorney
General's Office are working towards resolving the Contestant's concerns and believe
that we will obtain acceptable terms and conditions for this in stream flow appropriation.
CWCB Staff received a Notice of Party status for this appropriation on April 13, 2005
from Trout Unlimited.

North Fork Smith Fork Gunnison River
The CWCB Staff received a Notice to Contest for the North Fork Smith Fork Gunnison
River from Dixie Luke and the Crawford Clipper Ditch Company. After meeting with
the local water users on several occasions and reviewing the Notices to Contest, Staff has
determined that the concerns regarding this appropriation were either in error or were on
general/philosophical grounds rather than factual grounds such as water availability,
injury or natural environment. Staff has and will continue to work with the Contestants
to resolve their concerns prior to the hearing procedures. CWCB Staff received a Notice
of Party status for this appropriation on April 13, 2005 from Trout Unlimited.

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