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<br />" <br /> <br />,\ <br /> <br />/Jlllvid J, ('.alIi <br />City MQtIO[/fP' <br /> <br />. Douglas M. Fil2genlJd <br />A13f8ltut/ City MaIIaB<r <br /> <br />~~g~. <br /> <br />One City HaD Place <br />PucbIo, Colonolo 81003 <br /> <br />Phone (719) 553-2655 <br />FlIX (719) 553-2698 <br /> <br />Office ofthe City Manager <br /> <br />January 19,2006 <br /> <br />VIA FACSIMILE" U.S. MAIL <br /> <br />Mr, Rod Kuharich <br />Director <br />Colorado. Water Conservation' Board <br />1313 Sherman Street, 7th Floor <br />Denver, Colorado 80203 <br /> <br />..-.....--.-.-. ----. <br /> <br />Re: Request for Inltream Flow Appropriation - Arkanlal River <br /> <br />Dear Mr, Kuharich: <br /> <br />. <br /> <br />I am writing on behalf of the City of Pueblo to recommend and request that the <br />Colorado Water Conservation Board (~CWCB") appropriate an in stream flow waler <br />right for the segment of the Arkansas River between the outlet of Pueblo Reservoir and <br />the Arkansas River - Fountain Creek confluence, This approximately IO.mile segment <br />of the Arkansas River has been the subject in recent years of extensive restoration and <br />rehabilitation activities in conjunction with Pueblo's Arkansas River Legacy Project <br />(the "Legacy Project") which is intended to restore fish and wildlife habitat and the <br />natural environment of the River, <br /> <br />. <br /> <br />As described in the information sheet enclosed as Exhibit I, the first and most <br />significant phase of the Legacy Project has recently been completed, and year-round <br />protection ofa minimum flow level is now necessary to reasonably protect the restored <br />natural environment, It is Pueblo's understanding that the Colorado Division of <br />Wildlife ("DOW") will recommend that an instream flow water right of <br />approximately 1 00 cfs through this river segment be appropriated by the CWCB, Pueblo <br />supports this request and, pursuant to Rule 5.a. of the CWCB's Instream Flow Program <br />Rules, Pueblo recommends that the CWCS appropriate a new 100 cfs instream flow <br />water right for this segment of the Arkansas River, <br /> <br />The Legacy Project has been undertaken jointly by Pueblo and the D,S, Army <br />Corps of Engineers (the "Corps"), with substantial funding from the Corps and Great <br />Outdoors Colorado, and cash or in-kind contributions from 22 other local project <br />partners, including Pueblo County and the Pueblo Conservancy District, Phase I of the <br />Legacy Project was completed in 2005, and involved substantial improvements to the <br />River between Pueblo Dam and the Fountain Creek confluence, including the <br />