BOARD01979

• Board Meeting Date: 3/29/1999
• Description: ISF Section - Statements of Opposition - Case No. 2-98CW138, Pueblo Board of Water Works
• Board Meetings - Doc Type: Memo

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BEFORE THE COLORADO WATER CONSERVATION BOARD

REQUEST FOR EXTENSION OF TIME TO SUBMIT FORMAL REQUEST TO
PARTIALLY INUNDATE AN EXISTING INSTREAM FLOW

The Board of Water Works of Pueblo, Colorado ("Pueblo"), by its attorneys, Carlson,
Hammond & Paddock, L.L.C., hereby submits this Request for an Extension ofTime to Submit
a Formal Request to Partially Inundate an Existing Instrearn Flow.

1. Pueblo filed an application in Case No. 98CW138, Water Division No.2, on
December 9, 1998, requesting, among other things, confIrmation of certain water storage
rights in the Tennessee Park area near Leadville, Colorado. Pueblo's proposed Tennessee
Creek Reservoir will inundate approximately 1.2 miles of an existing instream flow right
decreed to the Colorado Water Conservation Board ("CWCB") in the amount of2 c.f.s. in
Case No. W -77 -4640, Water Division'N 0, 2. The CWCB' s Rules and Regulations concerning
the Colorado Instream Flow and Natural Lake Level Program provide that, if the CWCB
objects to the inundation, the applicant proposing the inundation must submit a written request
for permission to inundate within 120 days of the date of the application (Apri18, 1999).

2. The CWCB filed a statement of opposition to Pueblo's application setting forth
concerns about priorities claimed for Pueblo's Lake Creek and Lake Fork Creek appropriative
rights of exchange, However, the statement of opposition did not raise the proposed
inundation of the East Tennessee Creek instrearn flow right as a concern.

3. Recently, counsel for Pueblo contacted counsel for the CWCB to inquire
whether the CWCB was in fact concerned about the proposed inundation. As a result of these
discussions, counsel for the CWCB advised counsel for Pueblo that the proposed inundation
was an issue of concern. Pueblo has agreed not to oppose an amended statement of opposition
raising the proposed inundation as an additional concern of the CWCB,

4. Pueblo has contracted with consultants to advise it regarding the proposed
inundation of the East Tennessee Creek instream flow right. Pueblo anticipates that it will
include a proposed mitigation plan as part of its formal request to inundate. Pueblo's
consultants made field visits to the proposed inundation site in the summer and fall of 1998.
However, Pueblo's consultants have not had an opportunity to examine the proposed inundation
site during the spring/early summer runoff period. An additional 90 days will allow Pueblo's
consultants to examine the stream conditions during the runoff period.