Laserfiche WebLink
<br />PETER D. NICHOLS <br />ATTORNEY AT LAW <br /> <br />PETER D. NICHOLS LLC <br />325 SatankRoad 106 <br />Post Office Box 1778 <br />Carbondale' CO 81623 <br />970.963.6273 (tel) <br />970.963,0697 (fax) <br />peternichols@sopris.net <br /> <br />e <br /> <br />January 15,2002 <br /> <br />Rod Kuharich, Executive Director <br />Colorado Water Conservation Board <br />1313 Sherman Street, Suite 721 <br />Denver, Colorado 80203 <br /> <br />Re: ODeratina Guidelines of CWT in workina with CWCB <br /> <br />Dear Rod: <br /> <br />The Colorado Water Trust board met December 21, and reiterated that it intends to work closely with the CWCB to <br />achieve our mutual objectives under the current statutory law of Colorado that provides that the CWCB is the sole <br />entity authorized to hold instream flow rights. Thus, the Trust will not participate in any discussion of private instream <br />flow legislation. <br /> <br />. <br /> <br />The Trust also decided to proceed with its formal strategic planning process this spring. In the meantime, the Trust has <br />discussed some principles to guide its working relationship with the CWCB. This is how we expect to operate at least <br />until we have a more formal strategic plan, and we assume this will be very much the direction we would pursue <br />thereafter. <br /> <br />. The Trust anticipates that the CWCB will prioritize streams for instream flow protection. The Trust expects to <br />complement the CWCB' s prioritization and acquisition efforts by seeking out water rights opportunities that <br />meet the CWCB's priorities, including: <br />o Developing and maintaining a public relations and outreach program to water rights owners. <br />o Developing and maintaining lists of potential water rights opportunities. <br />o Supporting land trusts by providing legal and technical expertise on water rights issues. <br />. The Trust recognizes that the CWCB has specific statutory responsibilities for instream flow water rights, <br />including: <br /> <br />. <br /> <br />. Determining what terms and conditions it will accept in any acquisition. <br />. Determining whether the acquired water right will preserve the natural environment to a <br />reasonable degree. <br />. Requesting recommendations from other state and federal agencies. <br />. Preparing change of water rights applications, and prosecuting water court proceedings <br />o The Trust will work to develop opportunities that will meet the CWCB's statutory charge. <br />. The Trust recognizes that the CWCB has the responsibility to review all technical material required for CWCB <br />determinations. <br />o The Trust will help develop necessary technical material required for CWCB determinations. <br />o The Trust will assist in the preparation of engineering or other technical reports for acquired water <br />rights. <br />o The Trust will work to obtain water rights appraisals where required. <br />. The CWCB will hold water, water rights, or interests in water rights acquired for instream flow uses. <br />o The Trust will work with the CWCB to determine how to best monitor and protect acquired water <br />rights. <br />