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<br />Consent Agenda Item 4-3.k. <br />Case No. 4-99CW268; United States Forest Service . <br /> <br />Application Summary <br /> <br />This is an application for surface water rights on Spring Creek, a tributary to the North Fork of the <br />Gunnison River, in Gunnison County near Paonia (see 'attached map). The Applicant is applying <br />for 8.25 cfs associated with the Spring Creek Springs, Site Nos. I and 2 to provide water for <br />wetlands, riparian habitat, wildlife and a brook trout fishery. For Springs Creek Springs Site No. I, <br />the Applicant is applying for 7.5 cfs for irrigation, fish and wildlife purposes. The sources of water <br />for Springs Creek Springs Site No. 1 are numerous springs and seeps that occur along the riparian <br />corridor consisting of approximately 5 acres. For Springs Creek Springs Site No.2, the Applicant <br />is applying for 0.75 cfs for irrigation, wildlife and stock purposes. The sources of water for Springs <br />Creek Springs Site No. 2 are numerous springs and seeps that occur along the riparian corridor <br />consisting of approximately 10 acres. <br /> <br />Potential for Iniury <br /> <br />In accordance with 937-92-102(3), (1997), "The Colorado Water Conservation Board is hereby <br />vested with the exclusive authority... to appropriate.. . such waters of natural streams and lakes... to <br />preserve the natural environment to a reasonable degree." And that "".no other person or entity <br />[other than the CWCB] shall be granted a decree adjudicating a right to water or interests in water <br />for instrearn flows in a stream channel between specific points, or for natural surface water levels or . <br />volumes for natural lakes, for any purpose what$oever." It appears from the application that the <br />Applicant is claiming a water right in a natural spring to maintain and preserve the wildlife habitat, <br />trout fisheries and the existing natural environrrient. This application may constitute a claim for <br />instrearn flow water rights or the appropriation of surface water rights to preserve the natural <br />environment. <br /> <br />Other Objectors <br /> <br />Other objectors in this case include the State and Division Engineers. <br /> <br />. <br /> <br />L:\ WCTRANS\SECC\Case Files\499CW268 _ mem.doc <br />