BOARD02262

• Board Meeting Date: 7/24/2000
• Description: ISF Section - Authorization to Proceed to Trial - Case No. 2-99CW178, Westman ‎(Arkansas River and Tributaries)‎ - Agenda Item 8.5
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board
DeuartJnent of Natural Resources
1313 Sherman Street, Room 72 I
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.dnr.state.co.us/cwcb

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Bill Owens
Governor

MEMORANDUM

Greg E.Walcher
Executive Director

Dan McAuliffe
Acting CWCB
Director

TO: CWCB Members

FROM: Dan Merriman
Ted Kowalski

DATE: July 19,2000

RE:

Agenda Item 8.5, July 24-25, 2000 Board Meeting-
Stream and Lake Protection - Authorization to Proceed to Trial
Case No. 2-99CWI78; Westman (Arkansas River and Tributaries)

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Background

The trial involving this Application is set for two days, to begin on August 21, 2000, in
Canon City. The Applicant, Kurt H. Westman proposes to operate two junior storage
reservoirs, and augment its depletions with releases from Twin Lakes Reservoir. The
Applicant's proposed out-of-priority diversions may injure the CWCB's instream flow
water rights. In addition, the Applicant seeks an upstream exchange from the confluence
of the Arkansas River and Howard Creek. This exchange could partially dewater
Howard Creek and injure the CWCB's instream flow water rights on Howard Creek.

Westman's project could directly affect the Board's instream flow water rights on
Howard Creek, as described below:

Case No.
80CW73

Stream
Howard Creek

Amount (cfs)
2

Appropriation Date
5/7/80

Staff Recommendation

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The Staff recommends that the Board authorize the Staff to proceed to trial to protect the
CWCB's instream flow water rights on Howard Creek.