Laserfiche WebLink
<br />i <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Consent Agenda Item 1. e <br />Case No. 4-04CW129; Blouch, Dunn and Velez <br /> <br />Application Summarv <br /> <br />This appears to be an application for a private instream flow water right near the Town of Paonia in <br />Delta County. Three adjacent property owners (Applicants) are seeking the adjudication of 0.75 cfs <br />in German Creek for livestock, fire fighting and to maintain a minimum flow in the Creek for fish <br />and wildlife. Applicants claim a 1971 appropriation date. German Creek is a tributary of the North <br />Fork Gunnison River. <br /> <br />CWCB Appropriations <br /> <br />No ISF right will be impacted by this application. <br /> <br />Potential for Injury: <br /> <br />The Applicants' claimed instream use of water appears to conflict with the Board's exclusive <br />authority to appropriate instream flow and natural lake level water rights. Section 37-92-102(3) <br />C.R.S. provides: ".. .no other person or entity [other than the CWCB] shall be granted a decree <br />adjudicating a right to water or interests in water for instream flows in a stream channel between <br />specific points, . . . for any purpose whatsoever." The Applicants may not obtain a decree that <br />violates this statutory requirement. <br /> <br />Other Objectors <br />There are no other objectors in this case. <br /> <br />C:\Documents and Settings\1jb\My Documents\Board Meetings\ConsentAgendaBlouchlI04.doc <br />