BOARD01980

• Board Meeting Date: 2/5/1982
• Description: CWCB Meeting
• Board Meetings - Doc Type: Meeting

MEMOAANDUM

COLORADO WATER CONSERVATION BOARD
J. William McDonald
Director

TO:

Members, CWCB

FROM:

Bill McDonald, Director

DATE:

January 28, 1982

SUBJECT: Agenda Item 14e, February 5, 1982, Board Meeting--
Request for Approval of Stipulation in
Case No. W1338-77, Water Division 6

On September 23, 1977, the Colorado Water Conservation Board
made an appropriation on Trout Creek in the Yampa River Basin
from the ,outlet of Sheriff Reservoir to the confluence of Middle
Creek. This was a 24-mile segment, and the amount of the
appropriation was for 5 cfs.

Statements of Opposition were filed by the U.S. Department
of Justice, the Energy Fuels Corporation, Inc. and the Knott Land
and Livestock Company, Inc. The Statements of Opposition by the
U.S. Department of Justice and the Energy Fuels Corporation,
Inc., have since been resolved through stipulation. However, the
Knott Land and Livestock Company, Inc., Statement of Opposition
has yet to be resolved.

Knott Land and Livestock Company, Inc., alleged that they
had an unadjudicated ditch out of Trout Creek which had been
in use since 1938 and which supplied four fish ponds. The water
returns directly back into Trout Creek. They felt that the
granting of the Water Conservation Board appropriations would
prevent them from further use of this unadj ud icated right and
thus prevent them from continuing their operation.

The CWCB staff contacted the Division 6 Engineer. The
Division Bngineer's staff reviewed aerial photographs of the
area which indicated that in 1954 the four fish ponds were in
existence and that the ditch previously mentioned was diverting
water from Trout Creek to the ponds. It was also learned that
the Knott Land and Livestock Company, Inc., has since filed an
application with the appropriate court to divert the necessary
water to fill these ponds. This case is #79CW148.