BOARD02023

• Board Meeting Date: 3/20/2000
• Description: ISF Section - Statements of Opposition
• Board Meetings - Doc Type: Memo

Consent Agenda Item 4-3j. .
Case No. 4-99CW267; USFS

Aoolication Summary

This is an application for surface water rights 011 Coal Creek, a tributary to the East River, in
Gunnison County near Crested Butte (see attached map). The Applicant is applying for 0.2 cfs
associated with the Mt. Emmons Iron Bog Springs to provide water for numerous species of insects,
animals and birds and maintenance of riparian habitat immediately adjacent to and downstream of
the springs.

Potential for Iniurv

In accordance with S 37-92-102(3), (1997), "The Colorado Water Conservation Board is hereby
vested with the exclusive authority...to appropriate...such waters of natural streams and lakes...to
preserve the natural environment to a reasonable degree." And that "...no other person or entity
[other than the CWCB] shall be granted a decree adjudicating a right to water or interests in water
for instream flows in a stream channel between sp~cific points, or for natural surface water levels or
volumes for natural lakes, for any purpose whatsoever." It appears from the application that the
Applicant is claiming a water right in a natural spring to maintain and preserve the wildlife habitat,
trout fisheries and the existing natural environment

Other Objectors .

Other objectors in this case include the Mount Emmons Mining Company and the State and
Division Engineers.

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L:I WCTRANSISECCICase Filesl499CW267 _ mem.doc