BOARD02029

• Board Meeting Date: 1/24/2006
• Description: ISF Section - 2006 New Appropriation Recommendations in Water Divisions 1,4,6 and 7
• Board Meetings - Doc Type: Memo

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CONSERVATION DISTRICT

Protecting Western Colorado Water Since 1937

January 5, 2006

Mr. Dan Merriman, Chief
Stream and Lake Protection Program
Colorado Water Conservation Board
1313 Sherman Street, Room 721
Denver, CO 80203

Re: Elkhead Creek Candidate for Instream Flow Appropriations

Dear Dan:

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We wanted to follow-up on our December 29 letter regarding procedural concerns with
the Division 6 Candidate Streams for Instream Flow Appropriations with a substantive
concern about the Elkhead Creek candidate reach.

The River District owns a conditional water right for California Park Reservoir, decreed
as part of the Great Northern Project in the early 1970's in CA2259. California Park
Reservoir was decreed in the amount of 36,536 acre-feet, and about one-half of the
originally-decreed amount was conveyed to the City of Craig for use in Elkhead
Reservoir.

The proposed instream flow reach is above the decreed location for the reservoir. By our
estimates, it appears that roughly two miles of the instream flow reach would be
inundated by the reservoir, even considering the amoWlt that has been transferred to
Elkhead Reservoir.

Obviously, the storage right would be senior to the instream flow right and the CWCB
would not require mitigation for inundation. Our milior concern is how the existence of
the instream right might be viewed in the context of permitting processes for the
reservoir. Our suggestion and request is that the CWCB formally recognize the existence
of the senior water right, and agree that mitigation for inundation would not be required
or sought.

We hope such an approach might meet the acceptance of the CWCB.

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SUITE #200 . 201 CENTENNIAL STREET
P.O. BOX 1120/GLENWOOD SPRINGS, COLORADO 81602
[phone]' FAX [phone] . www.crwcd.org