BOARD02035

• Board Meeting Date: 5/16/2006
• Description: ISF Section - Arkansas River Instream Flow Appropriation
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board'

Department of Natural Resources
1313 Sherman Street, Room 721
Denver I Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

Bill Owens
Governor

MEMORANDUM

Russell George
Executive Director

To: Colorado Water Conservation Board Members

Rod Kuharich
CWCB Director

From: Ted Kowalski
Jeff Baessler
Todd Doherty

Rick Brown, Acting
Deputy Director

Date: May 9, 2006

Re: Agenda Item 26, May 16-17, 2006, Board Meeting-
Water Supply Protection and Stream and Lake Protection - Arkansas River ISF
Appropriation

General Background
Pursuant to Rule 5d, of the Instream Flow Rules, adopted by the Board, the stream segments
described in this memo are being recommended to the Board for Board action. Staff requests
that the Board declare its intent to appropriate the recommended instream flows on the Arkansas
River in the vicinity of the City of Pueblo. CWCB staff has reviewed the proposed stream
segments to ensure that this flow recommendation and data set are complete and standard
methods and procedures were followed. In addition, staff has completed its map work and water
availability studies. All pertinent information and supporting data can be found in the appendix
which is provided to the Board members and posted on the CWCB website,

The proposed appropriation for these instream flow reaches are rather unique for a number of
reasons. First, they are located within an urban setting, just downstream of Pueblo Reservoir. In
addition, the staff is bringing this recommendation to the Board for consideration outside of the
typical schedule for appropriating instream flow water rights. This is permissible under the
CWCB's rules, Rule 5.c that provides: "When necessary, the Board may modify or delay this
schedule or any part thereof as it deems appropriate," Finally, the protection of this stream is
supported by a number of major water users in the area. CWCB Staff, the City of Pueblo (see
attached letter dated January 19, 2006) are proponents of this instream flow water right pursuant
to discussions that occurred in the context of the City of Pueblo's Recreational In Channel

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