BOARD02091

• Board Meeting Date: 3/16/1978
• Description: Agenda, Minutes, Resolution
• Board Meetings - Doc Type: Meeting

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What I would like to do now is hear from Mr. Kochman. Mr. Kochman,
you are in favor of all these streamflow proposals in final form?

MR. KOCHMAN: That is correct, Mr. Chairman.

The Division of wildlife supports these recommendations as set forth
here.

MR. STAPLETON: Having heard that, is there any objection to the
suggested final recommendations?

MR. ROBERT FISCHER: I am Bob Fischer of the Denver Water Department.
We would like to speak in terms of the second page of the final recom-
mendations.

MR. STAPLETON: Bob, could you speak a little louder, please?

MR. ROBERT FISCHER: These are flows on the Williams Fork River. The
Denver Water Department diverts water from the Williams Fork River, the
headwaters of it. We have been doing so for inahy, many years. We also
have rights to complete the system which exists there today. They are
old rights, comparatively speaking.

This recommendation is broken down into two parts. And I would like
to address the top line, particularly. You have there a recommendation
for a stretch of about 8~ miles. We would recommend that this stretch
of river be broken down into two parts. In that 8~ miles, there are
two major tributaries coming in, Kinney Creek and Keyser Creek. About
halfway down the 8~ miles is located the Henderson Mill diversion point.

Back in 1969, when that project was under consideration, the Fish and
Wildlife Service studied the matter and completed a report which was
sent to the FOrest Service, under which the rights-of-way for that
project were to be obtained. The state of Colorado concurred in the.
recommendations of that report of the Fish and wildlife Service, which
recommendation was that there be a requirement by that company to
bypass 20 cfs.

Now, that point is below Kinney Creek. However, the recommendation
there is for a minimum flow of 30 cfs for the whole stretch. And what
we would recommend is that it be broken down into two parts from the
confluence which they start with below Darling Creek down to below
Kinney Creek and that that stretch have a minimum flow of 20 cfs in the
summer and 8 in the winter; and below Kinney Creek on down for the
remaining approximately one half of that stretch, that it remain as
30 cfs in the summer and 14 in the winter.

I know somebody is going to come back. and say, "Well, what. difference
does it make to the Water Department, because you have got senior water
rights up there?" Well, not only do we divert water under those rights
in priority but we also divert water by exchange when they are out of
priority and have been doing that since 1940. That is not a matter of
r.ecord in the courts., but it has been. going on, and we want to continue
~o do so. Insertion of a junior water right in the middle confuses me,

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